Nick Wood on NJ Fingerprinting policy as breach of international treaty
The Universal Declaration of Human Rights (UDHR) establishes the principle that “[e]veryone has the right to leave any country, including his own, and to return to his country.”(1) The International Covenant on Civil and Political Rights (ICCPR) similarly establishes that “[e]veryone shall be free to leave any country, including his own,”(2) and that “[n]o one shall be arbitrarily deprived of the right to enter his own country.”(3)
The right to return extends to those who have obtained citizenship in a third state, since the definition of “own country” in these provisions of the ICCPR is not limited to “country of nationality.” According to the U.N. Human Rights Committee, it applies as well to “an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien.”