Right to Movement and Residence in the UAE from the Perspective of Human Rights Law

Abstract

Freedom of movement and residence is one of the most important freedoms for human beings, and it means the right of every individual in the State to move from one place to another within the borders of the State, as well as the right to leave and return to the borders of his State. The problem of the study is to analyze the impact of international human rights standards and obligations, especially those related to freedom of movement and residence, on the Emirati legal framework regulating these rights, by studying the relationship between national sovereignty and the requirements of conformity with international conventions, such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966). The study aimed to analyze the framework and extent of the international and local legal provisions of the United Arab Emirates that govern freedom of movement and residence, analyze the scope of the UAE's authority to regulate freedom of movement and residence under normal and exceptional circumstances, and analyze judicial control in the context of the restrictions imposed on freedom of movement and residence in the UAE. The study concluded that the UAE Constitution does not contain an explicit text that enshrines freedom of movement as an independent right, but is implicitly understood from Article (29) of the UAE Constitution, and therefore it is recommended to include a clear constitutional text that guarantees freedom of movement and any restriction thereon is subject to the principles of necessity and proportionality.