A State may impose measures aimed at restricting travel abroad (e.g., restrictions
on travel abroad for terrorist purposes) and thereby limit the right to leave one’s own
country, provided they meet the proportionality test, and are furthermore in line with
decisions of the Security Council on this matter.149
The UDHR sets out in Article 12 that “[n]o one shall be subjected to arbitrary
interference with his privacy, family, home or correspondence” and under Article 16(3)
that “[t]he family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.” Notably, States have specific obligations with
respect to protecting private and family life under several widely ratified treaties,
including Articles 17(1) and 23 of the ICCPR, Article 10 of the International Covenant
on Economic, Social and Cultural Rights, Article 16 of the CRC, Article 23 of the CRPD
and Article 44 of the ICRMW. Regional instruments such as the European Convention
on Human Rights (Article 8) also provide for the right to private and family life.
Interference with the right to private and family life should be taken into
consideration within a State’s assessment of whether withdrawal is a proportionate
measure to achieve the legitimate aim of the State.150 This includes cases where
nationality is not granted to an individual in the first place owing to the marital status
of that individual’s parent(s).151 The right to private and family life is also potentially
infringed when a person or family has to leave or is unable to return to their country of
residence as a result of withdrawal of nationality as this can have severe
consequences on the individual, including as a result of family separation.152
149
See e.g., Human Rights Committee, General Comment No. 27 (Freedom of Movement), 2 November 1999,
CCPR/C/21/Rev.1/Add.9, para. 14.
150 Hoti v Croatia, European Court of Human Rights, App. no. 63311/14, 26 April 2018, para. 122: “… the Court
reiterates that measures restricting the right to reside in a country may, in certain cases, entail a violation of
Article 8 of the Convention if they create disproportionate repercussions on the private or family life, or both, of
the individuals concerned. … Moreover, the Court has held that in some cases, such as in the case at issue,
Article 8 [of the European Convention on Human Rights] may involve a positive obligation to ensure an effective
enjoyment of the applicant’s private and/or family life.” See also Slivenko v Latvia, European Court of Human
Rights, App. no. 4832/199, 9 October 2003, para. 122: “The Court considers that schemes such as the present
one for the withdrawal of foreign troops and their families, based on a general finding that their removal is
necessary for national security, cannot as such be deemed to be contrary to Article 8 of the [European
Convention on Human Rights]. However, application of such a scheme without any possibility of taking into
account the individual circumstances of persons not exempted by the domestic law from removal is in the Court's
view not compatible with the requirements of that Article. In order to strike a fair balance between the competing
interests of the individual and the community, the removal of a person should not be enforced where such
measure is disproportionate to the legitimate aim pursued. In the present case the question is whether the
applicants' specific situation was such as to outweigh any danger to national security based on their family ties
with former foreign military officers.”
151 See e.g., Genovese v Malta, European Court of Human Rights, App. no. 53124/09,11 October 2011, paras.
29-30.
152 Slivenko v Latvia, European Court of Human Rights, App. no. 4832/199, 9 October 2003, para. 96: “As
regards the facts of the present case, the first applicant arrived in Latvia in 1959, when she was only one month
old. Until 1999, by which time she was 40 years of age, she continued to live in Latvia. She attended school
there, found employment and married. Her daughter, the second applicant, was born in Latvia in 1981 and lived
there until the age of 18, when she was compelled to leave the country together with her mother, having just
completed her secondary education. … It is undisputed that the applicants left Latvia against their own will, as a
result of the unsuccessful outcome of the proceedings concerning the legality of their stay in Latvia. They were
thus removed from the country where they had developed, uninterruptedly since birth, the network of personal,
social and economic relations that make up the private life of every human being. Furthermore, as a result of the
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