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UN Programme on Disability   Working for full participation and equality

 

Article 18 - Liberty of movement
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References

 

 

International human rights conventions and other legal instruments
 

• ICESCR: International Covenant on Economic, Social and Cultural Rights
• ICCPR: International Covenant on Civil and Political Rights
• CERD: Committee on the Elimination of Racial Discrimination
• CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
• CAT: Convention Against Torture
• CRC: Convention on the Rights of the Child
• ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
• ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)




 

Article 18
Related to para. 1

ICCPR, Article 12(1): Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement …


CERD, Article 5(d)(i): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:… (i) The right to freedom of movement and residence within the border of the State;


CEDAW, Article 15(4): States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons …


CMW, Article 39: Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment …


Related to para. 1 (a)

ICCPR, Article 24(3): Every child has the right to acquire a nationality.


CERD, Article 5(d)(iii): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:… (iii) The right to nationality;


CEDAW, Article 9(1): States Parties shall grant women equal rights with men to acquire, change or retain their nationality…


CMW, Article 29(1): Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality.

 

Related to para. 1 (c)

ICCPR, Article 12(2): Everyone shall be free to leave any country, including his own.


CERD, Article 5(d)(i): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:… (ii) The right to leave any country, including one’s own, and to return to one's country;


CMW, Article 8(1): Migrant workers and members of their families shall be free to leave any State, including their State of origin…

 

 


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