[{"command":"settings","settings":{"pluralDelimiter":"\u0003","suppressDeprecationErrors":true,"ajaxPageState":{"libraries":"eJxLzi9K1U8pKi1IzNFLyUzMyU_XS8xKrAAAajEI0Q","theme":"rimap","theme_token":null},"ajaxTrustedUrl":[],"csp":{"nonce":"OHJ4dz17JE2AmRHwAzQJ-g"},"user":{"uid":0,"permissionsHash":"aa71182581ac9d8b7fdf535efbd9231f2243f7dd74060a4c121bf6aa2541c2c5"}},"merge":true},{"command":"add_css","data":[{"rel":"stylesheet","media":"all","href":"\/sites\/default\/files\/css\/css_mC14btIbpvq2MlLlPcEiIIDwlT2D5Ahqs68qchaw-Ko.css?delta=0\u0026language=en\u0026theme=rimap\u0026include=eJxLzi9K1U8pKi1IzNFLzEqs0ElGEkjJTMzJTwcA8A8NXQ"}]},{"command":"add_js","selector":"body","data":[{"src":"\/sites\/default\/files\/js\/js_nNOCPZaYQr3UtoQvK7TKrDLq-pl2HrWIVsw0hc_h5CA.js?scope=footer\u0026delta=0\u0026language=en\u0026theme=rimap\u0026include=eJxLzi9K1U8pKi1IzNFLyUzMyU_XS8xKrAAAajEI0Q"}]},{"command":"openDialog","selector":"#drupal-modal","settings":null,"data":"\u003Ch5\u003EFreedom of movement\u003C\/h5\u003E\u003Cp\u003E\u003Cp\u003EAccording to international human rights law, everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence and everyone shall be free to leave any country, including his own. These rights are subject to restrictions provided by law if they are necessary to protect national security, public order, public health or morals, or the rights and freedoms of others. The Refugee Convention stipulates that States shall accord to asylum-seekers and refugees lawfully in the country the right to choose their place of residence and to move freely within in its territory. The right to freedom of movement is may be a precondition for refugees to exercise other rights, such as the right to work, food, education and the right to family life. However, refugees often face restrictions on their right to decide where to live or where to travel. Refugees may be forced to reside in, or restrict their movement to, particular regions of a country or facilities such as camps, emergency shelters, or reception centres. Refugees may also encounter obstacles to leave a country, such as the requirement to present travel documents they cannot reasonably produce. At the extreme end of the spectrum of limitations on freedom of movement, refugees may face detention in prisons or closed reception or holding centres or facilities.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EThe Refugee Convention and international human rights law protect: i) the right to freedom of movement on arrival for refugees whose status has not yet been regularised, ii) the right to freedom of movement and residence for refugees lawfully present in the country, and iii) the right to leave any country. This set of indicators follows the same structure and the content of each of these rights is explained further in this legal overview and the explanatory notes. The indicators do not cover other associated freedom of movement rights such as the right to re-enter any country, the right to be protected from expulsion and the right to \u003Cem\u003Enon-refoulement.\u003C\/em\u003E\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003EFreedom of Movement on Arrival\u0026nbsp;\u003C\/strong\u003E\u003C\/p\u003E\u003Cp\u003EThe Refugee Convention protects the right to freedom of movement on arrival for refugees whose status has not yet been regularised or, using the language of the Convention, \u201crefugees unlawfully in the country of refuge\u201d.\u0026nbsp;\u0026nbsp;Refugees who are not authorized to be in the country may only be subject to restrictions on their movement \u201cwhich are necessary\u201d. This provides the State with only a provisional right to limit freedom of movement in order, for example, to ascertain a refugee\u2019s identity and the circumstances in which he or she entered the country or to deal with issues of national security, public order or public health. The level of restriction applied must be proportionate and non-discriminatory.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EAny restrictions on the freedom of movement of refugees must also be temporary in nature and \u201cshall only be applied until their status in the country is regularised or they obtain admission into another country\u201d. Regularisation occurs when a refugee has met the host State\u2019s requirement to have his or her entitlement to protection evaluated and is not dependent on recognition of refugee status. If the State does not proceed with the evaluation of a refugee\u2019s claim, a refugee\u2019s status will be regularised by the implied authorisation to seek protection in the country of asylum. At this stage, a refugee will enjoy a broader entitlement to freedom of movement under the Refugee Convention\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EA refugee who does not meet the requirements set out in the Refugee Convention is not entitled to any immediate exemption from restrictions on freedom of movement under international refugee law. However, any unauthorised entrant is entitled to protection against arbitrary detention under international human rights law. Detention is a particularly intrusive form of restriction on freedom of movement and the right of the asylum country to detain refugees is subject to significant limitations.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003EFreedom of Movement and Residence\u0026nbsp;\u0026nbsp;\u003C\/strong\u003E\u003C\/p\u003E\u003Cp\u003EOnce a refugee is lawfully present in the territory of a contracting State, a broader right to freedom of movement and of residence accrues under the Refugee Convention and international human rights law. A refugee is lawfully present once formally admitted to the State\u2019s asylum procedure or otherwise authorised to stay in the country, at least temporarily.\u0026nbsp;\u0026nbsp;The Refugee Convention guarantees refugees lawfully present in the country a minimum standard of treatment afforded to non-nationals generally in the same circumstances. As a result, any restrictions on movement are permitted provided these are not targeted solely at refugees. However, special dispensations should be made where refugees are not \u201cin the same circumstances\u201d as non-nationals. For example, refugees cannot be expected to provide a security attestation from their country of origin in order to move freely even if this may reasonably be expected of other non-nationals.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EInternational human rights law guarantees the right to freedom of movement and residence to everyone lawfully within the territory. Therefore, in principle, non-nationals, including refugees, who are lawfully present should have the same rights as citizens However, there are permitted limitations to this right, as well as differences in treatment between aliens and nationals or even different categories of aliens, on the grounds of \u201cnational security, public order, public health or morals, or the rights and freedoms of others\u201d.\u0026nbsp; Any restriction must still be \u201cprovided by law\u201d i.e. the law itself has to establish the conditions under which the rights may be limited. Secondly, any restriction must be \u201cnecessary\u201d; it must be objectively justifiable and proportionate. Lastly, the restriction must be \u201cconsistent with the other recognized rights, for example protection against discrimination. Derogations are permitted in times of public emergency if they are strictly required by the situation; are not inconsistent with other obligations under the ICCPR; and are not discriminatory.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EThe Refugee Convention and international human rights law therefore act in concert to protect the right of refugees to freedom of movement. The Refugee Convention prohibits any measures that discriminate between refugees and non-nationals. In addition, international human rights law provides a set of safeguards against extreme measures restricting freedom of movement of non-nationals by ensuring that any such restriction satisfy the conditions set out in Article 12(3). It is also important to note that the Refugee Convention will prohibit any measures that disadvantage refugees, relative to non-nationals, even in situations where the ICCPR may permit distinctions between different categories of non-nationals.\u0026nbsp;\u003C\/p\u003E\u003C\/p\u003E","dialogOptions":{"dialogClass":"general-guidance-popup","width":"50%","modal":true,"title":"General guidance related to this right category","classes":{"ui-dialog":"general-guidance-popup"}}}]