147
any restrictions other than those prescribed by law and are
necessary to protect national security or public order or public health
or morals or the rights and freedoms of others, and are consistent
with the other rights recognized in the present Covenant. No one
shall be arbitrarily deprived of the right to enter his own country.”
The Committee on Civil and Political Rights at its seventy‐sixth session in (1999)
confirmed in general comment No. (27) the right of movement, freedom of
movement and travel and its close connection with many other rights, and an
essential condition, the human right to free development. The violation of the
right to freedom of movement and travel will prejudice directly a set of
fundamental rights protected by the texts of international conventions and
declarations on human rights. Also, this comment identified standards to ensure
the realization of this right, and adjusted the restrictions contained, including
freedom of movement, freedom to choose residence, freedom to leave any
country, including his own, and the right of a person to enter his own country,
and the restrictions contained in the right are exceptions restricted by the texts
of the law.185
Article (10) of the Palestinian Basic Law amended in 2003 confirmed respect for
human rights and fundamental freedoms, affiliation without delay to the regional
and international declarations and conventions that protect human rights. Also
Article (20) of the same Law states that “freedom of residence and movement is
guaranteed within the limits of the law.”
Article (11) of the Law linked the right of movement and travel to personal
freedom as being one of the natural rights inherent to human beings. This Article
identified the legal controls to restrict the public authority regarding this right, as
stipulated in the second paragraph which specifies the right of citizens to move
185
The Committee on Civil and Political Rights interpreted in its commentary on the right of movement
and travel restrictions contained on this right. Freedom of movement and travel should not be restricted,
but an exception that must be stipulated in the law, or in cases where restrictions are necessary for
reasons of national security or public order or public health or morals or the rights and freedoms of
others, and these restrictions should not affect other civil and political rights, as set forth in the
International Covenant on Civil and Political Rights. These restrictions are not acceptable, for example “in
the case of preventing any individual from leaving the country except for only one reason: knowledge of
state secrets”, or in the case of preventing the individual from traveling within the country without a
special permit”. On the other hand, the restricted access to military areas for reasons of national security
or to restrict freedom of stability in areas inhabited by groups of indigenous or minority groups may
constitute allowable restrictions.
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