The Legal Regulation of Freedom of Movement: A Study on the Foundations and Protection Mechanism

Abstract

It is widely acknowledged that the right to personal liberty constitutes one of the fundamental rights that must be safeguarded against any infringement or violation, except where justified by law. Among the most prominent manifestations of this right is the individual’s freedom of movement within their country or beyond its borders. This freedom is firmly recognized and protected under both domestic and international legal frameworks, as constitutions and legal systems have consistently guaranteed its protection and ensured its exercise. Accordingly, any infringement upon this freedom entails legal accountability for the individual or the state responsible.

This study highlights the concept of the individual’s right to freedom of movement, clarifying the principal legal and normative foundations that support it. It further examines the various forms and modalities of movement, while identifying the key restrictions imposed by international conventions and national legislation. In addition, the study reviews major international and regional covenants and declarations that enshrine this right, and analyzes the legal mechanisms arising from these instruments to protect the individual’s freedom of movement, whether for citizens or non-citizens, and whether exercised within or beyond state borders.

The study concludes with a presentation of its main findings and offers a set of recommendations deemed necessary to ensure the protection of individuals’ freedom of movement. To achieve these objectives, the research adopts a descriptive-analytical methodology aimed at clarifying the conceptual framework of this right and the various levels of international protection afforded to it.