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HUMAN RIGHTS COMMITTEE CONTINUES DISCUSSION ON DRAFT GENERAL COMMENTS ON RIGHT TO LIBERTY OF MOVEMENT

23 October 1998

AFTERNOON
HR/CT/98/34
23 October 1998




The Human Rights Committee this afternoon continued its review of draft General Comments on the right to liberty of movement and freedom to choose one's residence, focusing on the issue of restriction.

During this afternoon's meeting, Committee members discussed the contents of the draft paragraph by paragraph. They have so far adopted 13 out of the 25 paragraphs contained in the draft, including the ones approved this morning and the spring session.

While adopting a paragraph on the right to leave any country, including one's own, which is contained in article 12, paragraph 1 of the International Covenant on Civil and Political Rights, Committee members emphasized that the rights of individuals subjected to expulsion should not go against the rights inscribed in the Covenant. States should always take into account that the restrictions should not jeopardize that right.

The Covenant's article 12, paragraph 3, stipulates that the rights to liberty of movement and everyone's freedom to leave any country, including his own, should not be subject to any restrictions except those which were provided by law. The restrictions should be necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and should be consistent with the other rights recognized in the Covenant.

The purpose of General Comments is to assist States parties in fulfilling their reporting obligations in order to promote their further implementation of the provisions of the Covenant. The General Comments also draw attention to insufficiencies disclosed by the large number of reports and suggest improvements in the reporting procedure.

General Comments are also intended to stimulate the activities of State parties and international organizations in the promotion and protection of human rights. These comments should also be of interest to other States, especially those preparing to become parties to the Covenant.

When the Committee reconvenes at 10 a.m. on Monday, 26 October, it will take up the initial report of Armenia (document CCPR/C/92/Add.2).