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The right to movement and travel connotes an individual's right to move from
one place to another, and his right to leave the country and return to it. The right
to move and travel is considered the benchmark index of the extent of respect by
the executive authorities in the state for civil and political rights and the
enforcement of these rights, under which the right to movement and travel is
subsumed. The violations of this right are directly linked to several other related
rights and are affected by it in accordance with the principle of the unity and
interdependence of rights.
During 2010, violations of the right to movement and travel emerged as a direct
result of the continued political and geographical division of Palestine. It
strengthened the base of political harassment that governs the relationship
between the parties of the division. It became clear that prejudice against the
rights and freedoms guaranteed by law become a hallmark that characterizes the
time of political division. Perhaps violations of the right to movement and travel
are the most prominent issue this year.
I ‐The Right to Movement and Travel in Accordance with International
Standards and National Legislation
International Human Rights Law guarantees an individual’s right to residence and
movement and travel. The international covenants on human rights set aside
explicit and detailed provisions that ensure the protection of this right, and
determine restrictions on the practice of its exercise as an exception, through
which it protects order and public morals or the rights and freedoms of others.
Under Article (13) of the Universal Declaration of Human Rights (UDHR), it is
stated that “Everyone has freedom of movement and residence within the
borders of each state. The right of everyone to leave any country, including his
own, and return to his country.”
The International Covenant on Civil and Political Rights (ICCPR) addressed this
right in Article (12) thereof, which states
“Everyone lawfully within the territory of a State, shall within that
territory, have the right to freedom of movement and freedom to
choose his residence. Everyone has the freedom to leave any country,
including his own. The above‐mentioned rights shall not be subject to
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