International Journal of Social Science & Economic Research
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Title:
ANALYSIS OF THE RIGHT TO FREEDOM OF MOVEMENT IN INTERNATIONAL AND INDIAN CONTEXT

Authors:
Ms. Anuradha K.Girme, Akshay Patkat

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1Ms. Anuradha K.Girme, 2Akshay Patkat
1. Assistant Professor, Bharati Vidyapeeth Deemed University, New Law College, Pune
2. Final Year BBA Student, Bharati Vidyapeeth Deemed University, New Law College, Pune.

MLA 8
Girme, Ms. Anuradha K., and Akshay Patkat. "ANALYSIS OF THE RIGHT TO FREEDOM OF MOVEMENT IN INTERNATIONAL AND INDIAN CONTEXT." Int. j. of Social Science and Economic Research, vol. 4, no. 6, June 2019, pp. 4395-4408, ijsser.org/more2019.php?id=336. Accessed June 2019.
APA
Girme, M., & Patkat, A. (2019, June). ANALYSIS OF THE RIGHT TO FREEDOM OF MOVEMENT IN INTERNATIONAL AND INDIAN CONTEXT. Int. j. of Social Science and Economic Research, 4(6), 4395-4408. Retrieved from ijsser.org/more2019.php?id=336
Chicago
Girme, Ms. Anuradha K., and Akshay Patkat. "ANALYSIS OF THE RIGHT TO FREEDOM OF MOVEMENT IN INTERNATIONAL AND INDIAN CONTEXT." Int. j. of Social Science and Economic Research 4, no. 6 (June 2019), 4395-4408. Accessed June, 2019. ijsser.org/more2019.php?id=336.

References
[1]. Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) art 13(1) ('UDHR'); International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) art 12(1) ('ICCPR').
[2]. Van Duyn v Home Office (C-41/74) [1974] ECR 1337.
[3]. UDHR art 13(2); ICCPR art 12(2).
[4]. UDHR art 13(2); ICCPR art 12(2).(ibid).
[5]. ibid
[6]. UDHR art 14(1).
[7]. Prevention of Discrimination and Protection of Minorities, The Right of Everyone to Leave Any Country, Including His Own, and to Return to His Country, UN ESCOR, 40th sess, Agenda Item 15(e), UN Doc E/CN.4/SUB.2/1988/35 (20 June 1988) [30].
[8]. Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 November 1950, 213 UNTS 222 (entered into force 3 September 1953), as amended by Protocol No 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 13 May 2004, CETS No 194 (entered into force 1 June 2010) art 2 ('European Convention on Human Rights'); American Declaration of the Rights and Duties of Man, signed 2 May 1948, UN Doc E/CN.4/122,
[9]. Crito 51d-e, quoted in Sharon M Meagher, Philosophy and the City (State University of New York Press, 2008) 22.
[10]. Quoted in Maurice Cranston, 'The Political and Philosophical Aspects of the Right to Leave and to Return' in Karel Vasak and Sidney Liskofsky (eds), The Right to Leave and to Return: Papers and Recommendations of the International Colloquium Held in Uppsala, Sweden, 19-20 June 1972 (The American Jewish Committee, 1976) 21
[11]. Grotius is known as the 'father of the law of nations': Oppenheim, above n 3, [43]: 'the book of Grotius obtained such a world-wide influence that he is correctly styled the "Father of the Law of Nations"'. See also Hamilton Vreeland, Hugo Grotius: The Father of the Modern Science of International Law (Oxford University Press, 1917).
[12]. Hugo Grotius, The Freedom of the Seas (Ralph van Deman Magoffin trans, Oxford University Press, 1916) 7 [trans of: Mare Liberum (first published 1609)].
[13]. www.un.org/en/universal-declaration-human-rights/
[14]. www.hrw.org/legacy/campaigns/israel/return/iccpr-rtr.htm
[15]. www.claiminghumanrights.org/freedom_movement_definition.html
[16]. www.claiminghumanrights.org/freedom_movement_definition.html
[17]. www.cidh.oas.org/basicos/english/basic3.american%20convention.htm.
[18]. www.cartercenter.org/resources/pdfs/peace/democracy/des/amer_conv_human_rights.pdf
[19]. AIR 1950 S.C. 211.
[20]. 156 SCRA 222, G.R. No. L-79484 (1987).
[21]. 177 SCRA 669, G.R. No. 88211 (1989)
[22]. AIR 1964 S.C. 416
[23]. (1988) 4 S.C.C. 156.
[24]. [1967] 3 SCR 525.
[25]. AIR 1978 SC 597

Abstract:
The Right to Leave is an important aspect of Right to Movement and is recognised in various known Human Rights instruments, notably, the Universal Declaration of Human Rights ('UDHR') and the International Covenant on Civil and Political Rights ('ICCPR'). However, it is still not a complete right as it is not backed by a State duty of admission. This Article throws light upon the various provisions contained in the aforementioned instruments including the African Convention, American Convention and the European Convention. Besides the provisions, the Article contains the analysis of various cases. Per contra, Indian cases have also been dealt with. As one goes further, the conclusion sought to be achieved by the Author is that there remains practical as well as legal impediments to the full realisation of Right to Movement as a significant Right.