Article 12: Freedom of movement 1999, para. 17
Paragraphe- Paragraph text
- A major source of concern are the manifold legal and bureaucratic barriers unnecessarily affecting the full enjoyment of the rights of the individuals to move freely, to leave a country, including their own, and to take up residence. Regarding the right to movement within a country, the Committee has criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination, as well as delays in processing such written applications. States' practice presents an even richer array of obstacles making it more difficult to leave the country, in particular for their own nationals. These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country. In the light of these practices, States parties should make sure that all restrictions imposed by them are in full compliance with article 12, paragraph 3.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Année
- 1999
- Type de paragraphe
- Other
- Reference
- CCPR General Comment No. 27, Article 12: Freedom of movement (1999), para. 17.
- Paragraph number
- 17
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