Rethinking the concept of derivative right to passport within the context of freedom of movement; universality of judicial attitude in perspective

Abstract

Freedom of movement is considered a basic human right by majorities of countries of the world. It encompasses the right to move internally within a country, the right to move abroad and the right to return from abroad. The relationship between freedom of movement and the protection of the right of egress and ingress vide possession of passport as received a lot of attention from all over the world. However, relatively little has been said about judicial side of intervention in securing the promotion and protection of the right as concomitant to freedom of movement. This paper examines the universality of the right to freedom of movement on the one side, the derivative right to passport from freedom of movement (ingress and egress) and the judicial attitude in construing the right to hold passport as a contingent on the right of movement. This paper draws comparatively, experiences from few selected countries around the word as well as the right protected under the regional and international conventions on Bill of rights. The paper also examines prerogative power of the government to impose restriction(s) on free movement.