individuals lawfully residing in a state.325 Article 22 of the ACHR contains similar
provisions concerning freedom of movement and residence.
225. A rticle 12 (3) of the ICCPR, Article 2(3) of Protocol 4 to the ECHR and Article
22(3) provide for exceptional circumstances in which some of these rights may
be restricted. Such circumstances are limited to the protection of national security and public safety, the maintenance of public order, the prevention of crime,
the protection of public health or morals, or the protection of the rights and freedoms of others. Any limitation must strictly comply with the principles of legality, necessity and proportionality in accordance with international human rights
standards. Furthermore, they must be compatible with other fundamental human
rights norms, such as the prohibition of discrimination. Participating States should
review their legislation and practices relating to freedom of movement to ensure
that they are fully consistent with international human rights standards. They
should ensure the meaningful, open and inclusive consultation and participation
of civil society, including human rights defenders, in discussions about legislative
initiatives to bring their laws in line with international standards.
226. Participating States have repeatedly reaffirmed the rights of everyone to freedom
of movement and residence within the borders of each state, and to leave any
country, including their own, and to return to their country. 326 Furthermore, they
have undertaken a number of commitments in relation to the procedures for entry
into their territories by citizens of other participating States. In particular, they
have expressed the intention to “facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions
and organizations of the participating States”. More specifically, they have committed to gradually simplify and administer flexibly the procedures for exit and
entry; to ease regulations concerning movement of citizens from other participating States in their territory; and to lower, where necessary, the fees for visas and
official travel documents.327 In addition, they have pledged to ensure that their
policies concerning entry into their territories are fully consistent with the aims
set out in the relevant provisions of the Final Act.328 They have further stated
that “[t]hey will give serious consideration to proposals for concluding agreements
on the issuing of multiple-entry visas and the reciprocal easing of visa processing
325 In its General Comment No. 27 on Article 12 of the ICCPR, the UN Human Rights Committee specifies
that “in principle, citizens of a State are always lawfully within the territory of that State” and “an alien who
entered the State illegally, but whose status has been regularized, must be considered to be lawfully within the
territory”. See UN Human Rights Committee General Comment No. 27 on Freedom of movement (Article 12),
2 November 1999, para. 4. Also, the Committee has emphasized that “[t]he right to move freely relates to the
whole territory of a State, including all parts of federal States” (para. 5).
326 See, for example, Vienna 1989, “Questions Relating to Security in Europe: Principles”, para. 20.
327 See 1975 Helsinki Final Act section “1. Human Contacts” and, more specifically, sub-section “(d) Travel
for Personal or Professional Reasons” therein.
328 Vienna 1989, “Co-operation in Humanitarian and Other Fields”, para. 2.
104
Guidelines on the Protection of Human Rights Defenders
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