J. Freedom of movement
As with the rights discussed in the previous section, States may derogate from this
right in times of emergency that threaten the life of the nation, provided that they
follow certain specific requirements. They also may limit the right in the absence of
an emergency, under strict limitations contained in the relevant treaty.
United Nations
Freedom of movement is protected by article 12 of the Covenant. This provision
nevertheless allows some restrictions and limitations, addressed by the Human Rights
Committee in its General Comment No. 27:
Article 12, paragraph 3, provides for exceptional circumstances in which rights
under paragraphs 1 and 2 may be restricted. This provision authorizes the State
to restrict these rights only to protect national security, public order (ordre
public), public health or morals and the rights and freedoms of others. To be
permissible, restrictions must be provided by law, must be necessary in a
democratic society for the protection of these purposes and must be consistent
with all other rights recognized in the Covenant.
--General Comment No. 27, CCPR/C/21/Rev.1/Add.9, para. 11 (1999).
*****
In Celepli v. Sweden, the Human Rights Committee addressed restrictions on freedom
of movement within the State party imposed on a person suspected of involvement in
terrorist activities:
The Committee notes that the author's expulsion was ordered on 10 December
1984, but that this order was not enforced and that the author was allowed to
stay in Sweden, subject to restrictions on his freedom of movement. The
Committee is of the view that following the expulsion order, the author was
lawfully in the territory of Sweden, for purposes of article 12, paragraph 1, of
the Covenant, only under the restrictions placed upon him by the State party.
Moreover, bearing in mind that the State party has invoked reasons of national
security to justify the restrictions on the author's freedom of movement, the
Committee finds that the restrictions to which the author was subjected were
compatible with those allowed pursuant to article 12, paragraph 3, of the
Covenant. In this connection, the Committee also notes that the State party
motu proprio reviewed said restrictions and ultimately lifted them.
--Celepli v. Sweden, Case No. 456/1991, Views adopted on 18 July 1994 (para.
9.2).
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