Portal:Law/Article/Week 44 2006
Freedom of movement, mobility rights or the right to travel is a human rights concept which is respected in the constitutions of numerous Western states. It asserts that a citizen of a state, in which that citizen is present, generally has the right to leave that state, travel wherever the citizen is welcome, and, with proper documentation, return to that state at any time; and also (of equal or greater importance) to travel to, reside in, and/or work in, any part of the state the citizen wishes without interference from the state.
In England in 1215, the right to travel was enshrined in Article 42 of the Magna Carta:
- It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.
Article 12(2) of the International Covenant on Civil and Political Rights also defends this right.