Free to Move but Nowhere to Go: The Renovation of Freedom of Movement as a Human Right for the Roma

2010 ◽  
pp. 83-91
Keyword(s):  
Human Right ◽  
Freedom Of Movement

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Freedom of Movement and Adolescent Sexual Violence in India

2020 ◽  
pp. 088626052091858
Author(s):  
Anita Raj ◽  
Abhishek Singh ◽  
Jay G. Silverman ◽  
Nandita Bhan ◽  
Kathryn M. Barker ◽  
...  
Keyword(s):  
Sexual Violence ◽  
Adolescent Girls ◽  
Family Health ◽  
Human Right ◽  
Restricted Movement ◽  
Freedom Of Movement ◽  
Urban Adolescent ◽  
Multivariable Regression ◽  
Urban Adolescent Girls ◽  
Nationally Representative

This study assesses associations between freedom of movement and sexual violence, both in marriage and outside of marriage, among a representative sample of adolescents in India. We analyzed data from girls aged 15 to 19 years ( n = 9,593) taken from India’s nationally representative National Family Health Survey 2015–2016. We defined freedom of movement using three items on whether girls could go unaccompanied to specified locations; we summated responses and categorized them as restricted, or unrestricted. We used multivariable regression to assess associations between restricted movement and nonmarital violence, and with marital sexual violence among ever-married girls. Results show that only 2% of girls reported nonmarital sexual violence, among married and unmarried girls; 6% of married girls reported marital sexual violence. Most girls (78%) reported some restriction in movement. Restricted movement was negatively associated with nonmarital sexual violence (adjusted odds ratio [AOR] = 0.52, 95% confidence interval [CI] = [0.31, 0.87], p = .01) but positively associated with marital sexual violence (AOR = 3.87, 95% CI = [1.82, 8.25], p < .001). Further analyses highlight that the observed association with nonmarital sexual violence was specific to urban and not rural girls. These findings reveal that approximately one in 30 adolescent girls in India has been a victim of sexual violence. Restricted movement is associated with lower risk for nonmarital sexual violence for urban adolescent girls, possibly due to lower exposure opportunity. Married girls with restricted movement have higher odds of marital sexual violence, possibly because these are both forms of control used by abusive husbands. Freedom of movement is a human right that should not place girls at greater risk for nonmarital violence or be used as a means of control by abusive spouses. Social change is needed to secure girls’ safety in India.

scholarly journals Terrorists on the Move: A Legitimacy Test of the Criminal Law Approach on Foreign Fighters in Western Europe

2020 ◽  
Vol 10 (2) ◽  
pp. 185-217
Author(s):  
Stéphanie De Coensel
Keyword(s):  
The Netherlands ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Human Right ◽  
Freedom Of Movement ◽  
The United Kingdom ◽  
Foreign Fighters ◽  
Domestic Level

The conflict in Syria and Iraq has raised the debate on foreign fighters to unprecedented levels. The international community expressed grave concern over this acute and growing threat and addressed the problem by, inter alia, obliging States to criminalize conduct related to travel for terrorist purposes, including acts of facilitating and funding such travel. Member States are free to choose the manner of implementation, leading to different approaches on a domestic level. This contribution aims to subject the criminal law approach regarding foreign fighters in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test. The longstanding principles of subsidiarity, proportionality and legality constitute the backbone of this legitimacy test. A critical-legal analysis demonstrates the expansion of the scope of criminal liability to a pre-crime era and examines whether this expansion conflicts with the ultima ratio premise of criminal law and the freedom of movement as a fundamental human right.

scholarly journals The Incomplete Right to Freedom of Movement

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 514-518
Author(s):  
Moria Paz
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Territorial State ◽  
Human Rights Regime ◽  
The Face ◽  
International Human

We live now in the midst of a massive global crisis of mobility. An ever-growing population finds itself refugees displaced from the legitimate jurisdiction of any territorial state. In the face of this pressing emergency, influential voices argue that international human rights law should be placed “at the center” of international efforts to meet this challenge. But today's calamity is set against the backdrop of a universal human rights regime that is not only thin but, more importantly, incomplete. When it comes to cross-border mobility, human rights law ensures that states allow individuals to leave their state, but alas does not require that any other state let them enter and remain. Such entry and residence rights are required only for a country's own nationals (however nationality is defined). And so, many refugees who have exercised their human right to exit come up against a functional block to mobility: they have no place to stop moving. Some of them may nonetheless find a state willing to take them in. In that case, they may enjoy meaningful protection, but this protection exists only by virtue of a state's domestic policies and has little to do with international human rights.

Immigration and Democracy

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Political Theory ◽  
Immigration Policy ◽  
Political Community ◽  
Human Right ◽  
Freedom Of Movement ◽  
Immigration Control ◽  
Open Borders ◽  
Democratic Societies ◽  
Family Based ◽  
The Right

Immigration and Democracy develops an intermediate ethical position on immigration between closed borders and open borders. It argues that states have the right to control borders, but this right is qualified by an obligation to assist those outside their borders. In democratic societies, the right of immigration control must also be exercised in ways that are consistent with democratic values. Part I explores the normative grounds of the modern state’s power over immigration found in US immigration law and in political theory. It argues for a qualified, not absolute, right of states to control immigration based on a particular interpretation of the value of collective self-determination. Part II considers the case for open borders. One argument for open borders rests on the demands of global distributive justice; another argument emphasizes the value of freedom of movement as a fundamental human right. The book argues that both arguments fall short of justifying open borders. Part III turns to consider the substance of immigration policy for democratic societies. What kind of immigration policies should democratic societies adopt? What is required is not closed borders or open borders but controlled borders and open doors. Open to whom? The interests of prospective migrants must be weighed against the interests of the political community. Specific chapters are devoted to refugees and other necessitous migrants, family-based immigration, temporary worker programs, discretionary admissions, and what is owed to noncitizen residents, including unauthorized migrants living in the territory of democratic states.

scholarly journals A Human Right Approach of Right to Health During Pandemic

2021 ◽  
pp. 176-179
Author(s):  
Dr. Prakruthi A R
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Human Dignity ◽  
Scientific Evidence ◽  
Good Health ◽  
Human Rights Law ◽  
Human Right ◽  
Effective Response ◽  
Freedom Of Movement ◽  
The Right

The right to live isn’t the absence of death; it’s living a life with good health and human dignity.’ Human rights are fundamentally linked to global health in the context of the COVID-19 pandemic. Human rights law guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. The language and principles of human rights relate to the rights that support the survival and basic wellbeing of communities and individuals, including their rights to life, health and an adequate standard of living. Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening the life of the Nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective. The scale and severity of the COVID-19 pandemic clearly rises to the level of a public health threat that could justify restrictions on certain rights, such as those that result from the imposition of quarantine or isolation limiting freedom of movement. At the same time, careful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response amidst the turmoil and disruption that inevitably results in times of crisis and limit the harms that can come from the imposition of overly broad measures that do not meet the criteria.

scholarly journals Immigration Policy – Reporting from the Field

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Aileen Josephs ◽  
Keyword(s):  
Immigration Policy ◽  
Critical Analysis ◽  
Immigration Policies ◽  
Years Of Experience ◽  
Human History ◽  
Human Right ◽  
Freedom Of Movement ◽  
Nation States

Migration is central to human history, yet how we deal with the sojourners among us says much about the soul of a nation. Freedom of movement is an inherent basic human right, yet the protection of a nation’s borders and the decision of who and when and in what conditions people are admitted is also a right that belongs to nation states. It is in this tension that good immigration policy should be found, yet our Congress and many administrations have failed to enact such a policy for over two decades. Aileen Joseph writes with authority and insight based on her 25 years of experience working as an immigration attorney in West Palm Beach, Florida. In her critical analysis of the current immigration policy in America, she shares the stories of those she has represented and suggests ways to revamp the immigration policies hindering our country from advancing and becoming united.

scholarly journals PROBLEMATICS OF REQUIRED LIBERATION OF FOREIGN CITIZENS AND ITS SUPERVISORY MECHANISMS

2018 ◽  
Vol 1 (1) ◽  
pp. 40-48
Author(s):  
Rasona Sunara Akbar
Keyword(s):  
Criminal Law ◽  
Public Order ◽  
Human Right ◽  
Residence Permit ◽  
Foreign Nationals ◽  
Legal Rules ◽  
Freedom Of Movement ◽  
Correctional Services ◽  
State Apparatus ◽  
Individual Duties

Indonesia is a country that places law as the only rule to play in society, nation and state. To  limit freedom which is a human right, legal rules arise which aim to regulate public order, one of  which is criminal law, which is a sanction law. Prison sentences in Indonesia, better known as correctional services, are one of the sanctions  that aim to create a sense of suffering for the convicted person for losing freedom of movement,  guiding convicts to repentance, educating him to become a useful member of Indonesian socialist  society. One of the products of Corrections in realizing this is through parole, which is not only valid  for Indonesian citizens but also for foreign nationals. Immigration as a state apparatus that handles  foreigners both related to traffic and its supervision while in the Indonesian territory cannot be  separated from the issue of parole for foreign inmates, especially in matters of residence permit and  supervision.  The author concludes that the mechanism for the implementation of Conditional Exemption  and its supervision for foreign nationals is still considered ineffective because it is not in accordance  with the principle of selective policy. In addition, the coordination carried out between Immigration  and Correctional Services in the provision of parole to foreigners is only limited to fulfilling the  conditions for the provision of parole for foreign citizens (administrative), but regarding the  implementation of supervision there is no clear coordination where each institution only runs  individual duties and functions.

scholarly journals Implementation and Guarantee of Human Right to Rest in the System of Modern International Relations

2017 ◽  
Vol 13 (10) ◽  
pp. 70
Author(s):  
Oksana Dordyak
Keyword(s):  
Human Rights ◽  
The European Union ◽  
Illegal Migration ◽  
Human Right ◽  
Scientific Review ◽  
Freedom Of Movement ◽  
And Migration ◽  
Effective Development ◽  
The Right ◽  
Security Guarantees

This article analyzes the main challenges faced by tourists during the implementation of their right to rest. Various measures taken by states for strengthening national security are arising out of numerous terrorist threats and increasing illegal migration. All these measures are an obstacle to the effective development of tourism. Consumers and producers of travel services are forced to exercise their activity by taking into account many barriers standing in their way. Everyone's right to rest includes the right of freedom of movement, the right to liberty and personal inviolability, the right to a standard of living necessary for the maintenance of health and welfare etc. All these rights are guaranteed by major international legal instruments. Along with these rights, they contain provisions that restrict them. The article examines the main limitation of the above rights and their causes. The author explores scientific review of restrictions on the rights of freedom of movement and migration law of modern states. Violations of Human Rights are analyzed based on the example of cases reviewed by the European Court of Human Rights and the Court of Justice of the European Union. Security and human rights are two key issues that the international community is now trying to combine in regulation without any harm to anyone. The selectivity of modern visa policies provides the basis for the appearance of discrimination. This, however, is not recognized and condemned by international law. Creation of the unified international legal rules based on respect of human rights and security guarantees will facilitate the development of tourism and economy growth of developed and developing countries.

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