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The right of everyone to leave any country, including his own, and to return to his country.

Publisher UN Commission on Human Rights
Author UN Commission on Human Rights (42nd sess. : 1986 : Geneva)
Publication Date 11 March 1986
Citation / Document Symbol E/CN.4/RES/1986/30
Reference 42
Cite as UN Commission on Human Rights, The right of everyone to leave any country, including his own, and to return to his country., 11 March 1986, E/CN.4/RES/1986/30, available at: https://www.refworld.org/docid/3b00f0ee54.html [accessed 23 October 2022]

1986/30. The right of everyone to leave any country, including his own, and to return to his country[1]94

The Commission on Human Rights,

Mindful of article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights, which recognize the right of everyone to leave any country, including his own, and to return to his own country,

Taking into account the Study of Discrimination in Respect of the Right of Everyone to Leave Any Country, Including His Own, and to Return to His Country submitted to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fifteenth session by the Special Rapporteur, Mr. José D. Ingress, and Subsequently published by the United Nations in 1963,[2]95

Recalling that the draft principles[3]96 included in that study were adopted by the Sub-Commission in its resolution 2 (XV) and brought to the attention of Governments and international governmental and non-governmental organizations concerned by Economic and Social Council resolution 1788 (LIV) of 18 May 1973, on the recommendation of the Commission in its resolution 12 (XXIX) of 23 March 1973,

Mindful of the Council resolution referred to above, by which the Council decided that the Commission should retain on its agenda the question of the right of everyone to leave any country, including his own, and to return to his country,

Recalling also Economic and Social Council resolution 1984/29 of 24 May 1984, by which the Economic and Social Council endorsed the appointment by the Sub-Commission of a Special Rapporteur, Mr. Mubanga-Chipoya, to prepare an analysis of current trends and developments in that field,

Taking note with interest of the progress report prepared by the Special Rapporteur,[4]97

Desirous of promoting further standard-setting in this field in view of the fact that many people are still denied the right to leave their country or to return to it,

Recalling its resolution 1985/22 of 11 March 1985, in which it requested the Sub-Commission to consider the next report by Mr. Mubanga-Chipoya an a matter of priority, with a view to submitting to the Commission as soon as possible a draft declaration on the right of everyone to leave any country, including his own, and to return to his country,

1. Welcomes the progress so far achieved by the Special Rapporteur in his study;

2. Takes note of Sub-Commission resolution 1985/29 of 30 August 1985;

3. Appeals to the Sub-Commission to consider at its thirty-ninth session as a matter of priority;

(a) The final report of the Special Rapporteur on:

(i) The right to leave any country, including one's own;

(ii) The extent and effect of restrictions under article 12, paragraph 3, of the International Covenant on Civil and Political Rights;

(iii) The possibility of entering another country;

(b) The preliminary draft of a declaration on the right of everyone to leave any country, including his own, and to return to his country, with a view to submitting the requested draft declaration to the Commission as soon as possible.



[1]94 Adopted at the 51st meeting, on 11 March 1986, without a vote. See chap. XIX, para. 483.

[2]95 United Nations publication, Sales No.64.XIV.2.

[3]96 Ibid., annex VI.

[4]97 E/CN.4/Sub.2/1985/9.

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