Right to travel

The proposed right:

No government agent nor any person shall prevent another person from traveling except in accordance with a lawful process.

Discussion:

Some examples of lawful processes that prevent travel are when a judge releases a person pending trial and prohibits travel outside the state; or when a person has enlisted in the military and has been assigned a duty station for a specified duration, any authorized travel is prohibited; or when a person has been lawfully imprisoned they are not allowed to travel freely even within the prison in some cases; or when a person has been arrested by law enforcement; or when a shoplifter, burglar, thief, or robber is detained by a shopkeeper, homeowner, or private security guard until law enforcement officers arrive.

In all cases where travel is lawfully restricted there must be limits as to how long that restriction applies. This right prohibits the use of “life imprisonment” as a specific punishment for a crime because it’s not a limited term. However, it is possible that a person has been convicted of a combination of felonies such that the total minimum prison time exceeds the person’s expected lifetime. To avoid this situation, legislatures should consider a maximum prison term for any single felony to be something long like 20 years in prison, which means a person will be in a different stage of their life when they leave prison, and people should be wary of committing multiple felonies because those consequences can add up to a lifetime in prison.

An employer may not physically prevent an employee from leaving the job site, but is of course free to terminate the employment agreement when an employee leaves not in accordance with the employment agreement.

The right to travel is an important right in the prevention of slavery and of oppressive government.

The right to travel includes traveling between cities, between states, and between countries. Of course a person cannot claim the right to travel into another country, they need permission for that, but assuming they have permission to enter their destination country they can embark on their trip and claim the right to leave their country of origin temporarily or permanently. However, a lawful court order prohibiting travel due to a pending trial or imprisonment can restrict someone’s travel.

The right to travel does not grant anyone permission to enter a private or public property for which they don’t have permission to enter.

Article 13 of the United Nations Universal Declaration of Human Rights states “Everyone has the right to freedom of movement and residence within the borders of each state.” and “Everyone has the right to leave any country, including his own, and to return to his country.” These two clauses relate to the right to travel.