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Themes and Theories$
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Rosalyn Higgins

Print publication date: 2009

Print ISBN-13: 9780198262350

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262350.001.0001

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Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights*

Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights*

Chapter:
(p.528) 5.6 Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights*
Source:
Themes and Theories
Author(s):

Rosalyn Higgins Dbe Qc

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262350.003.0034

The United Nations Committee on Human Rights exists under Article 28 of the UN Covenant on Civil and Political Rights. One of its functions is to study reports submitted by the states parties — in fact, mostly by ‘a constructive dialogue’ with the state party concerned. States parties to the Covenant may become parties to an Optional Protocol allowing the Committee to receive and consider ‘communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.’ Article 12 deals with the right of freedom of movement as a whole, including, in Article 12(2) and 12(4) respectively, the right to leave and the right to return to one’s own country. This chapter deals with the right in Article 12(1) — the right to liberty of movement and choice of residence within a territory. It examines the problem of internal banishment, the question of expulsion or deportation (external exile), and case law of the Committee.

Keywords:   Article 28, freedom of movement, residence, territory, Covenant, internal banishment, expulsion, deportation, case law

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