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[Insert statement of urgency and significance for why this right relates to AI.]
Sectors #
The contributors of the AI & Human Rights Index have identified the following sectors as responsible for both using AI to protect and advance this human right.
- GOV: Government and Public Sector
- INTL: International Organizations and Relations
- LAW: Legal and Law Enforcement
- SOC: Social Services and Housing
- TRAN: Transportation and Infrastructure
- WORK: Employment and Labor
AI’s Potential Violations #
[Insert 300- to 500-word analysis of how AI could violate this human right.]
AI’s Potential Benefits #
[Insert 300- to 500-word analysis of how AI could advance this human right.]
Human Rights Instruments #
Universal Declaration of Human Rights (1948) #
G.A. Res. 217 (III) A, Universal Declaration of Human Rights, U.N. Doc. A/RES/217(III) (Dec. 10, 1948)
Article 13
1. Everyone has the right to Freedom of movement and residence within the borders of each state.
2. Everyone has the right to leave any country, including his own, and to return to his country.
International Convention on the Elimination of All Forms of Racial Discrimination (1965) #
G.A. Res. 2106 A (XX), International Convention on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/RES/2106 A(XX) (Dec. 21, 1965)
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to Equality before the law, notably in the enjoyment of the following rights:
(d) Other civil rights, in particular:
(i) The right to Freedom of movement and residence within the border of the State;
(ii) The right to leave any country, including one’s own, and to return to one’s country;
International Covenant on Civil and Political Rights (1966) #
G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (Dec. 16, 1966)
Article 12
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and Freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. 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.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Convention on the Elimination of All Forms of Discrimination against Women (1979) #
G.A. Res. 34/180, Convention on the Elimination of All Forms of Discrimination Against Women, U.N. Doc. A/RES/34/180 (Dec. 18, 1979)
Article 15 (4)
States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the Freedom to choose their residence and domicile.
Convention on the Rights of the Child (1989) #
G.A. Res. 44/25, Convention on the Rights of the Child, U.N. Doc. A/RES/44/25 (Nov. 20, 1989)
Article 10
1. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the 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.
2. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.
Convention on the Rights of Persons with Disabilities (2006) #
G.A. Res. 61/106, Convention on the Rights of Persons with Disabilities, U.N. Doc. A/RES/61/106 (Dec. 13, 2006)
Article 18
Liberty of movement and nationality
1. States Parties shall recognize the rights of persons with disabilities to liberty of movement, to Freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities: (a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability; (b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
2. Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents.
Last Updated: October 17, 2025
Research Assistants: Laiba Mehmood, Aarianna Aughtry, Amisha Rastogi
Contributor: To Be Determined
Reviewer: Laiba Mehmood
Editor: Caitlin Corrigan
Subject: Human Right
Edition: Edition 1.0 Research
Recommended Citation: "VI.A. Freedom of Movement and Residence, Edition 1.0 Research." In AI & Human Rights Index, edited by Nathan C. Walker, Dirk Brand, Caitlin Corrigan, Georgina Curto Rex, Alexander Kriebitz, John Maldonado, Kanshukan Rajaratnam, and Tanya de Villiers-Botha. New York: All Tech is Human; Camden, NJ: AI Ethics Lab at Rutgers University, 2025. Accessed December 13, 2025. https://aiethicslab.rutgers.edu/Docs/vi-a-residence/.