4.8.4 Leave any country (ICCPR art 12(2)) Condensed: Everyone shall be free to leave any country, including his own. The right to leave any country may be limited if (a) provided for by law, (b) consistent with other rights and (c) necessary to protect national security, public order, public health or morals or the rights and freedoms of others. The right to leave a country requires that there is no general requirement to obtain exit visas. No one should be prevented by being denied to leave a country from exercising their rights, such as freedom of expression, abroad for example by attending meetings to which they have been invited. Examples of restrictions to the right to leave any country refusal to issue a passport or prolong its validity, include impediments to the issuance of travel documents such as high fees, unreasonable delays, harassment of applicants amongst others. Comprehensive: Article 12(2) of the ICCPR provides: ‘Everyone shall be free to leave any country, including his own.’ Similar provisions can be found in other international and regional human rights instruments.[1] The HRC has noted the many ways that some States put restrictions, in particular on its own citizens, on the right to leave the country: These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country. The right to leave any country may be limited if provided for by law, consistent with other rights and necessary to protect national security, public order, public health or morals or the rights and freedoms of others.[2] (See *freedom of movement*). The right to leave a country requires that there is no general requirement to obtain exit visas. Exit visas are only permissible if provided by law and necessary in individual cases for the reasons set out above.[3] No one should be prevented by being denied to leave a country from exercising their rights, such as freedom of expression, abroad for example by attending meetings to which they have been invited.[4] Pending judicial proceedings is a legitimate reason to deny a person to leave a country. However, this does not apply when such proceedings are unduly prolonged.[5] (See also *refusal to issue travel documents*).
[1]UDHR art 13(2), CERD art 5(d)(ii), CRC art 10(2), CMW art 8; ACHPR art 12(2), ACHR art 22(2),ECHR Protocol 4 art 2(2) refers to ‘state of which he is a national’. [2]ICCPR art 12(3).
**[3]** See eg Concluding Observation: Democratic People’s Republic of Korea, CCPR/CO/72/PRK (HRC, 2001), para 20; Concluding Observations: Syria, CCPR/CO/71/SYR (HRC, 2001), para 21. See also HRC General Comment 27 para 16.
**[4]** See eg Concluding Observations: Uzbekistan, CCPR/CO/83/UZB (HRC, 2005), para 19.
[5]González del Rio v Peru communication 263/1987 (HRC 1992) para 5.3.
Condensed:
Everyone shall be free to leave any country, including his own. The right to leave any country may be limited if (a) provided for by law, (b) consistent with other rights and (c) necessary to protect national security, public order, public health or morals or the rights and freedoms of others. The right to leave a country requires that there is no general requirement to obtain exit visas. No one should be prevented by being denied to leave a country from exercising their rights, such as freedom of expression, abroad for example by attending meetings to which they have been invited. Examples of restrictions to the right to leave any country refusal to issue a passport or prolong its validity, include impediments to the issuance of travel documents such as high fees, unreasonable delays, harassment of applicants amongst others.
Comprehensive:
Article 12(2) of the ICCPR provides: ‘Everyone shall be free to leave any country, including his own.’ Similar provisions can be found in other international and regional human rights instruments.[1]
The HRC has noted the many ways that some States put restrictions, in particular on its own citizens, on the right to leave the country:
These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country.
The right to leave any country may be limited if provided for by law, consistent with other rights and necessary to protect national security, public order, public health or morals or the rights and freedoms of others.[2] (See *freedom of movement*). The right to leave a country requires that there is no general requirement to obtain exit visas. Exit visas are only permissible if provided by law and necessary in individual cases for the reasons set out above.[3] No one should be prevented by being denied to leave a country from exercising their rights, such as freedom of expression, abroad for example by attending meetings to which they have been invited.[4] Pending judicial proceedings is a legitimate reason to deny a person to leave a country. However, this does not apply when such proceedings are unduly prolonged.[5]
(See also *refusal to issue travel documents*).
[1]UDHR art 13(2), CERD art 5(d)(ii), CRC art 10(2), CMW art 8; ACHPR art 12(2), ACHR art 22(2),ECHR Protocol 4 art 2(2) refers to ‘state of which he is a national’.
[2]ICCPR art 12(3).
**[3]** See eg Concluding Observation: Democratic People’s Republic of Korea, CCPR/CO/72/PRK (HRC, 2001), para 20; Concluding Observations: Syria, CCPR/CO/71/SYR (HRC, 2001), para 21. See also HRC General Comment 27 para 16.
**[4]** See eg Concluding Observations: Uzbekistan, CCPR/CO/83/UZB (HRC, 2005), para 19.
[5]González del Rio v Peru communication 263/1987 (HRC 1992) para 5.3.