[1] Such restrictions are generally based on public health, order, or safety justifications and postulate that the right to these conditions preempts the notion of freedom of movement.
[6] Within countries, freedom of travel is often more limited for minors, and penal law can modify this right as it applies to persons charged with or convicted of crimes (for example, parole, probation, registration).
A person may be prohibited to exit a country on a number of reasons, such as being under investigation as a suspect, serving a criminal sentence, being a debtor in default,[10] or posing a threat to national security.
During a famine in 6 AD, he attempted to relieve strain on the food supply by granting senators the liberty to leave Rome and to travel to wherever they wished.
[14] In England, in 1215, the right to travel was enshrined in Article 42 of the Magna Carta: In the Holy Roman Empire, a measure instituted by Joseph II in 1781 permitted serfs freedom of movement.
The single market has provided for the free movement of labor without work permits for the worker and his or her family members since 2012, including access to health care and recognition of educational credentials.
Freedom of movement also extends to certain associated countries (Chile, Bolivia, Colombia, Ecuador and Peru), citizens of which can also travel to their territories without the need of a passport.
Citizens of the FSM, Marshall Islands, Palau, and the United States may enter, reside, study and work in each respective country indefinitely without a visa.
[8] In the mainland of the People's Republic of China, the hukou system of household registration makes internal migration difficult, especially for rural residents to move to urban areas.
The Tibetan Centre for Human Rights and Democracy claimed in 2000 that people in Tibet had to promise not to criticize the Chinese Communist Party before receiving official permission to leave for India or Nepal.
[29] Additionally, it alleged that people of Han descent in Tibet have a far easier time acquiring the necessary permits to live in urban areas than ethnic Tibetans do.
[31] Chinese nationals had to gain permission from the government before travelling to Hong Kong or Macau, but this requirement was officially abolished for each SAR after its respective handover.
[failed verification][[[People's Republic of China Permit for Proceeding to Hong Kong and Macao#{{{section}}}|contradictory]]] Since then, restrictions imposed by the SAR governments have been the limiting factor on travel.
[33] In practice, stay of exit orders are liberally issued by Israel courts, including on non-custodial fathers who are not in arrears in child support.
[34][35] In March 2012 a corruption scandal led to the arrest of two officials for allegedly having taken bribes to circumvent court ordered "no exit" travel abroad bans.
[36][37] Freedoms of movement in Israel are not similarly protected and a source of much controversy in the Palestinian West Bank and, to a lesser extent, Gaza Strip.
[38][39] The Constitution provides for the freedom of movement within the country, foreign travel, immigration, and repatriation, and the Government generally respects them in practice.
[42] In 2015 Kuwait Airways cancelled its route between New York and London following a decision by the U.S. Department of Transportation that the airline had engaged in discrimination by refusing to sell tickets to Israeli citizens.
29 of 1970 regulates the right of foreigners to enter, reside in and leave the territory of Syria, and is the controlling document regarding the issuance of passports, visas, and diplomatic travel status.
Women over the age of 18 are entitled to travel outside of Syria, however a woman's husband may file a request for his wife to be banned from leaving the country.
[54] From July 2013, in certain villages in Syria (such as Raqqa and Deir el-Zour), ISIS no longer allow women to appear in public alone, they must be accompanied by a male relative/guardian known as a mahram.
[56] Checkpoints exist throughout and at entrances and exits to the West Bank that limit the movement of non-Israelis on the basis of nationality, age, and sex among other criteria.
[61] Beyond the African Charter on Human and People's Rights, the Constitution of South Africa also contains express freedoms of movement, in section 21 of Chapter 2.
[66] In Ireland, the Thirteenth Amendment was adopted in November 1992 by referendum in order to ensure freedom of movement in the specific circumstance of a woman traveling abroad to receive an abortion.
In Italy, freedom of movement is enshrined in Article 16 of the Constitution, which states:[67] "Every citizen has the right to reside and travel freely in any part of the country, except for such general limitations as may be established by law for reasons of health or security.
"[71] Freedom of movement of Russian citizens around the country is legally limited in a number of situations, including the following: Since the abandonment of propiska system in 1993, new legislation on registration of residence was passed.
In 2004, the maximum permitted registration lag was raised to 90 days making prosecution infeasible, removing practical obstacles to free movement.
It has been proposed that a range of specific state restrictions on freedom of movement should be prohibited under a new or comprehensively amended Human Rights Act.
[84] The new basic legal prohibitions could include: road tolls and other curbs on freedom of travel and private vehicle ownership and use; personal identity cards (internal passports, citizenship licenses) that must be produced on demand for individuals to access public services and facilities; and legal requirements for citizens to register changes of address or partner with the state authorities.
[91][92] Until 1 July 2016, Norfolk Island had immigration controls separate from those of the remainder of Australia and a permit was required for Australian citizens or residents to enter.