Freedom of Movement

Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.

Such a right is provided in the constitutions of numerous states, and in documents reflecting norms of international law. For example, Article 13 of the Universal Declaration of Human Rights asserts that:

Some people and organizations advocate an extension of the freedom of movement to include a freedom of movement – or migration – between the countries as well as within the countries. This include Libertarian Party of the United States, the International Society for Individual Liberty, and economist Bryan Caplan.

Uniquely, the Norwegian special territory of Svalbard is an entirely visa-free zone under the terms of the Svalbard Treaty.

Restrictions on international travel on people (immigration or emigration) are commonplace. Within countries, freedom of travel is often more limited for minors, and penal law can modify this right as it applies to persons charged with or convicted of crimes (for instance, parole, probation, registration). In some countries, freedom of movement has historically been limited for women, and for members of disfavored racial and social groups. Circumstances, both legal and practical, may operate to limit this freedom. For example, a nation that is generally permissive with respect to travel may restrict that right during time of war. In some instances, the laws of a nation may assert a guarantee of this peace.

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