State Obligations in Realizing Freedom of Movement and the Human Right to Mobility

Abstract

The purpose of the present article is to examine the obligations of states in realizing freedom of movement and the human right to mobility. Data were collected through library-based research using note-taking and documentary review techniques. The data were analyzed using a descriptive-analytical method. Freedom of movement, as generally understood, encompasses the right of every person lawfully present within the territory of a state to move freely without obstruction and without being required to obtain special authorization from public authorities. The right to freedom of movement within a country constitutes a fundamental component of liberty, enhancing individuals’ capacity to secure their livelihood and engage in social interaction. This right applies not only to citizens but also to lawful residents and even foreign nationals who are lawfully present within the territory of the state concerned. As with other human rights, state obligations regarding the right of individuals to freedom of movement have three dimensions: (1) the obligation to respect, meaning that states must refrain from creating barriers or restrictions that interfere with the movement of individuals or groups of individuals and must remove existing obstacles and restrictions; (2) the obligation to protect, under which states are responsible for providing the necessary conditions and facilities for the free movement of individuals. In other words, the state itself must establish the conditions necessary for mobility so that individuals can move freely without political, economic, or cultural impediments; and (3) the obligation to fulfill and implement, meaning that states are required to provide the conditions and necessary facilities for the effective enjoyment of the right to freedom of movement. This includes access to necessary facilities during travel and the guarantee of security in the course of movement, throughout the journey, and even upon return. From the perspective of international human rights obligations, no state may undertake measures that impair the right to freedom of movement of individuals from other states or prevent them from enjoying that right. Today, one of the recognized principles of international law is that no state may permit activities within its territory that produce harmful effects, including adverse effects on the nationals of another state.