In adopting laws providing for restrictions permitted by article 12, paragraph 3, States should always be guided by the principle that the restrictions must not impair the essence of the right (cf. art 5, para. 1); the relation between right and restriction, between norm and exception, must not be reversed. The laws authorizing the application of restrictions should use precise criteria and may not confer unfettered discretion on those charged with their execution.
Status juridique
Non-negotiated soft law
Organe
Human Rights Committee
Type de document
General Comment / Recommendation
Mode d'adoption
N.A.
Thèmes
Governance & Rule of Law
Personnes concernées
N.A.
Année
1999
Type de paragraphe
Other
Reference
CCPR General Comment No. 27, Article 12: Freedom of movement (1999), para. 13.