Liberty of movement and nationality
States Parties shall recognise the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities:
(a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
(b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilise documentation of their nationality or other documentation of identification, or to utilise relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
(c) Are free to leave any country, including their own;
(d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents. (Article 18)
Obligations
This article applies the traditional freedoms of liberty of movement and nationality to the circumstances of persons with disability. It requires State Parties to ensure that persons with disability enjoy these freedoms on an equal basis with others. The article guarantees persons with disability the right to movement across and within national borders, and the right to choose their residence and nationality on an equal basis with others. This has important implications for Australian immigration policy, and that of many other countries, which typically discriminate on the basis of disability. The article provides that persons with disability have the right to acquire and change their nationality, and may not be deprived of their nationality arbitrarily or on the basis of disability. It accords persons with disability the right to obtain, possess and use documentation of nationality and related identification materials necessary to exercise their right to liberty of movement. Paragraph 2 of the article provides specific guarantees of nationality and citizenship to children with disability. It requires State Parties to ensure that children with disability are named, registered, and acquire nationality from birth. It also seeks to guarantee, as far as possible, that children with disability are not separated from their parents from birth. This paragraph also has implications for immigration laws that may refuse entry to a child with disability who is a member of a family seeking to immigrate.
Indicators
• Persons with disability enjoy liberty of movement within and across national borders on an equal basis with others.
• Persons with disability are able to choose their own residence on an equal basis with others.
• Persons with disability are able to choose their nationality on an equal basis with others.
• Children with disability are registered immediately after birth.
• Children with disability are named from birth.
• Children with disability acquire a nationality from birth.
• Children with disability know and are cared for by their parents from birth.
Example
The right to liberty or movement and nationality will be particularly relevant to people who through their work are involved in:
• Working with clients who are on parole, on mental health orders which place restrictions on where they live
• Working in the area of immigration
• Working with homeless people or young people who congregate in or use public space, or with clients that move between States and/or Territories, for example as part of their business