Art.18 Liberty of Movement and Nationality

Abstract

This chapter examines Article 18 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which establishes the rights of persons with disabilities to liberty of movement, residence, as well as to a nationality. These rights are cardinal to the full realization of the CRPD and play critical twin roles. Firstly, they establish actionable distinct rights while, secondly, they play indispensable facilitative functions for enabling persons with disabilities to have full and equal enjoyment of all human rights and fundamental freedoms. The chapter explains the principles and norms that informed the drafting of Article 18. It discusses the specific meanings of the various elements of the article. It also assesses how international and domestic jurisdictions have begun to interpret Article 18.