Rights of Individuals: Civil and Political
Residence, Citizenship, and Nationality
  Asylum, Right of Aliens to Seek and Enjoy Freedom of Exit and Return of One's Country Freedom of Movement and Residence Citizenship, Right Not to Be Deprived of Nationality, Right to a
Constitutions
  South African Constitution (no provision) §21 (includes right of citizens to hold a passport) §21 (including the right to a passport). §20See also §3 (affirming the equal application to all citizens of the rights and duties of citizenship). §28(1)(a) (from birth)
French 1958 Constitution 1946 Constitution Preamble ¶4 (right of asylum for persons persecuted for seeking liberty). See also 1958 Constitution Art. 53-1 (the government retains the power to grant asylum regardless of treaties concluded by France). The Conseil Constitutionnel has held that the 1951 Refugee Convention and its principle of non-refoulement are part of French law. See Bell, at 142-43. (no provision found) The Conseil Constitutionnel has found that the freedom of movement is a "fundamental principle" of constitutional status, pursuant to ¶1 of the Preamble to the 1946 Constitution. See Bell, at 71. For an overview of the Conseil’s relevant caselaw, see Bell, at 141-42. (no provision found) (no provision found)
Canadian Charter of Rights and Freedoms (no provision) §6(1) (applies to citizens of Canada), as limited by §6(4) (certain affirmative action programs) and by §6(3) (residency requirements related to social services, or other laws that do not discriminate based on provincial origin). §6(2) (applies to citizens and permanent residents), as limited by §6(4) (certain affirmative action programs) and by §6(3) (residency requirements related to social services, or other laws that do not discriminate based on provincial origin). (no provision) (no provision)
Constitution of Argentina (no provision) Art. 14 (right of all inhabitants [habitantes] of Argentina to enter, remain in, travel through, and leave Argentine terrritory). Freedom of movement is guaranteed by Art. 14, as quoted at left. No provision, but see Art. 20, extending all civil rights to aliens, and providing for naturalization after two years of residence. (no provision)
United States Constitution There is no constitutional right to asylum.   Asylum and refugee status are available only under the Immigration and Nationalization Act, (e.g., §§207-209), and implementing regulations of the Immigration and Naturalization Service. The courts have found such a right in the 5th Amend. (due process clause) and the 14th Amend. §1 (equal protection clause), but the government may override it on the basis of national security concerns.  See Rotunda, §18.37. The courts have found such a right based upon various provisions, including the due process and equal protection clauses cited at left, and the Art. IV, §2 privileges and immunities clause.  The right can be limited by an important governmental interest. See Rotunda, §18.38. 14th Amend. §1 ("[a]ll persons born or naturalized in the United States … are citizens") overruled Dred Scott (U.S. 1857), which had held that former black slaves had no constitutional right to U.S. citizenship.  See Tribe, §5-18, at 969-72; id. §7-2, at 1298 (no provision)
Constitution of India (no provision) (no provision) Art. 19(1)(d) as to movement, and (e) at to residence, as limited by Art. 19(5) (reasonable restrictions in the interests of the public or of a "scheduled tribe"). No provision for this right. Under Art. 11, Parliament has plenary powers to regulate the "acquisition and termination of citizenship." See also Art. 10. (no provision)
Würzburg Key System (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed)
International Instruments
  Universal Declaration of Human rights Art 14 (this right cannot be invoked for protection against prosecution for non-political crimes or for acts contrary to the U.N. Charter) Art 13(2), see also Art. 9 (prohibition of arbitrary exile) Art. 13(1) (everyone has this right "within the borders of each State") (no provision) Art 15 (right to have a nationality and to change it, no arbitrary deprivation)
Int’l Covenant on Civil and Political Rights No explicit provision, but see ICCPR Art. 13 (expulsion of aliens only according to law, and right of appeal). ICCPR Art. 12(2) (exit) and Art. 12(4) (return). ICCPR Art. 12(1) (the right is held by everyone "lawfully within the territory" of the State) (no provision) ICCPR Art. 24(3) (right of every child to acquire a nationality)

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