Function of the Right to Freedom of Movement in the Human Rights Protection System and its Importance for National Security

Abstract

This article aims to thoroughly analyze the function of the right to freedom of movement within the human rights protection system and correlate it with national security interests. To achieve this purpose, two primary research objectives were established: first, to assess the functional role of the right to freedom of movement within the universal human rights protection framework; and second, to evaluate its significance and implications for the national security system of the Republic of Kazakhstan. The validity and reliability of the research results are ensured through a comprehensive methodological approach, which encompasses a theoretical analysis of contemporary scientific literature, the formal legal method, an analysis of legal technology, and the examination of relevant doctrine and regulatory documents. This study successfully clarifies the functional role of the right to freedom of movement as an essential foundation for the fulfillment of other civil, economic, and social rights. Based on these theoretical findings, the authors propose a constructive new approach to defining the right to freedom of movement. This approach balancedly accommodates the protection of individual liberties while accounting for proportional restrictions necessary to maintain sovereignty, public order, and national security in Kazakhstan. The findings offer academic contributions as well as practical recommendations for refining legal policy in developing nations.