Friday, 18 August 2006

Freedom to travel as a human right

Several students at my introductory talk on "Travel Writing and the Travel Industry" at the 15th annual Book Passage Travel Writers and Photographers Conference this weekend asked about the sources I quoted on freedom to travel as a human right.

The U.S. Constitution only hints at travel in the First Amendment: "Congress shall make no law ... abridging ... the right of the people peaceably to assemble." But freedom of travel is much more explicitly recognized in the fundamental international documents of human rights than in those of U.S. Constitutional civil liberties:

  • "Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country." -- Universal Declaration of Human Rights, Article 13
  • "Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. Everyone shall be free to leave any country, including his own.... No one shall be arbitrarily deprived of the right to enter his own country." -- International Covenant on Civil and Political Rights, Article 12

[Addendum: The ICCPR was ratified by the U.S. Senate on 2 April 1992 (138 Congressional Record S4783-84), and came into force in the USA on 8 September 1992. Executive Order 13107 of 10 December 1998 (63 Federal Register 68991) requires all federal agencies to "maintain a current awareness of United States international human rights obligations that are relevant to their functions and shall perform such functions so as to respect and implement those obligations fully."]

Link | Posted by Edward on Friday, 18 August 2006, 21:06 ( 9:06 PM) | TrackBack (2)
Comments

Where is my right to travel if I must stay in a country for 90 days. Or that I must leave the country for 90 days. This are the new rules for Thailand. If I dont have the 90 days I must paid a fine from 500 Bhat a day

Posted by: Willem Hendriks, 25 April 2007, 05:26 ( 5:26 AM)

"Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country". i think,in the real moment, this statement not easy to implement.

Posted by: simon, 10 June 2008, 20:04 ( 8:04 PM)

i reid your blog its so true but can you help me out with this when the subway was built it was free use of public paid for by the fedrel goverment now some time after stock market crash the state started charging you use it which is againts your free right to travel and if you don't pay they want to put you in jeil since then no fedral judge has over turn that public had to pay on the so call M.T.A so can you help me because i have to go to court that same reason thanks

Posted by: london, 10 December 2008, 15:24 ( 3:24 PM)

You also need the financial freedom and the available time to travel

Posted by: Van Beek, 24 July 2010, 09:51 ( 9:51 AM)

Seeing the trends today of the shredding of our beloved Constitution and the government taking the form of a tyrannical oligarchy, why would you think that these elite would lower themselves to comment on your concerns?

Constitutionally, I believe your concerns fall within the jurisdiction of Amendment IX "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

I am no lawyer but I believe this means; as long as you do not infringe on the rights and private property of others, things not enumerated, like travel are part of your inalienable freedoms.

Posted by: egarner, 2 August 2010, 15:56 ( 3:56 PM)

I have had the opportunity to travel to other countries and have been forced to participate in strict transportation restrictions including armed guard road blocks every couple of miles requiring you to verify your identity via passport. The U.S. definitely is not like this if you are traveling within the US borders. Ever since terrorist activity on American soil, there has been elevated scrutiny protocols placed upon security procedures which seem to be decreasing the American people's liberties and freedoms. Take the patriot act for example, where 1st amendment rights of innocent US citizens have disappeared. This law was passed without citizen vote, similar to communist country rule. As time progresses, there seems to be more and more citizen liberties taken away.

Posted by: Eric, 4 October 2010, 08:57 ( 8:57 AM)

If there is freedom of travel then why are we not allowed to travel to or buy from Cuba

Posted by: Ashley, 21 January 2011, 20:54 ( 8:54 PM)

Everyone shall be free to leave any country, including his own.... No one shall be arbitrarily deprived of the right to enter his own country.

Posted by: lina, 8 August 2011, 10:16 (10:16 AM)

So where is my freedom of movement or travel. When having to pay for even to obtain a driver license,tags,etc. Or ticketed for jaywalking. Hence the word free in freedom. Those are not free. Freedom does not cost!!!!

Posted by: David Douvillle, 15 March 2014, 11:24 (11:24 AM)
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