PART II
5
INTERNATIONAL
HUMAN RIGHTS
STANDARDS
Additional provisions on freedom of expression are set forth in Article 19 of the ICCPR.
Under OSCE commitments, any restrictions on freedom of expression must be prescribed
by law and be in accordance with international standards. The ICCPR states that any such
restrictions may only be imposed if they are necessary to ensure respect for the rights and
reputation of others or to protect national security, public order, public health, or morals.
Individual complaints of violations of the right to freedom of expression are a legitimate
issue for follow-up by OSCE field operations. Field operations should inform the OSCE
Representative on Freedom of the Media of such violations and should consult with that
institution about possible follow-up steps.
5.9
FREEDOM OF MOVEMENT
OSCE commitments and other international standards provide that any person who is
lawfully located within a country shall have freedom of movement and that those entitled
to permanent residence shall have freedom of choice of residence within that country. In
addition, everyone has the right to leave any country, including his or her own country, and
the right to return to his or her own country. Refugees who wish to return in safety to their
homes are entitled to do so.
Any restrictions on these rights must be stipulated by law and be necessary to protect national security, public order, public health, morals, or the rights and freedoms of others.
Restrictions on freedom of movement in the OSCE area in recent years have often involved
the inability of individuals to move freely in conflict or post-conflict situations. In a number of cases, refugees or internally displaced persons have been unable to return to their
homes. The existence of separatist entities in the OSCE region has also negatively affected
the rights of individuals to freedom of movement. In some countries, one-time legal restrictions on freedom of internal movement have been removed, but administrative practices may continue to limit individuals’ right to freedom of movement or choice of place of
residence. The requirement for exit visas in some countries also usually constitutes a violation of OSCE commitments on the right to freedom of movement.
Various OSCE field operations have been involved in trying to resolve all of these types of
restrictions on freedom of movement. An individual complaint on any of the types of issues described above could be a valid basis for follow-up by an OSCE field mission. If the
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