Freedom of Movement in Taiwan—A Local Development to Meet International Standards

Abstract

According to Article 12 of the ICCPR, the freedom of movement includes at least three distinct rights: (1) the right to enter one’s own country; (2) the right to leave any country; and (3) the right to liberty of movement within the territory of a state. In Taiwan, the three rights are all covered by the Constitution and have been expanded on by the Constitutional Court. Article 10 of the Constitution states that people should have the freedom of migration and the Constitutional Court has declared a series of interpretations that elaborate on the freedom of migration. In addition to the traditional freedom of movement, the Constitutional Court has also developed a freedom of movement in Article 22 of the Constitution. Therefore, further observation and analysis is required regarding the actual scope of the freedom of movement in Article 22 of the Constitution as developed by the Constitutional Court. By observing the constitutional interpretations in Taiwan, the author intends to introduce the freedom of migration as it exists in the Constitution and how it corresponds to the freedom of movement under international treaties.