Summary
Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights.
Obligations
Issues
Criteria
- Freedom of movement was respected for all electoral stakeholders, including candidates, parties, and their supporters during the campaign period
- Freedom of movement was guaranteed to all electoral stakeholders, including the media
- Freedom of movement was respected throughout the electoral process, including the immediate election period
- Freedom of movement was respected throughout the voter registration process
Quotes
- The rights mentioned in paragraph 1 of the present article shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order (ordre public), public health or morals, or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.
- This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.
- It is prohibited to impose limitations on the rights and freedoms guaranteed by virtue of this Charter unless where prescribed by law and considered necessary to protect national and economic security, or public order, or public health, or morals, or the rights and freedoms of others.
- No restrictions shall be placed on the exercise of the rights set out in paragraphs 1 and 2 of this Article other than such as are prescribed by the law in the interests of national security or public safety, public order, public health or morals or for the protection of the rights and freedoms of others.
- The exercise of the foregoing rights [freedom of movement and residence] may be restricted only pursuant to a law to the extent necessary in a democratic society to prevent crime or to protect national security, public safety, public order, public morals, public health, or the rights or freedoms of others.
- The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
- Article 12, paragraph 3, provides for exceptional circumstances in which rights under paragraphs 1 and 2 may be restricted. This provision authorizes the State to restrict these rights only to protect national security, public order (order public), public health or morals and the rights and freedoms of others. To be permissible, restrictions must be provided by law, must be necessary in a democratic society for the protection of these purposes and must be consistent with all other rights recognized in the Covenant.
- Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties. b. Restrictions of these freedoms must have a basis in law, be in the public interest and comply with the principle of proportionality.