نوع مقاله : مقاله علمی - پژوهشی
1 استادیار گروه حقوق، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران
2 استادیار گروه حقوق مدنی و حقوق تعهدات، دانشگاه باهچه شهیر، استانبول، ترکیه
3 استادیار گروه حقوق بینالملل عمومی دانشکدۀ حقوق دانشگاه اردن، امّان (عمّان) اردن
عنوان مقاله [English]
Liberty of movement and freedom to choose residence is a fundamental human right that is enshrined in international human rights instruments and the constitutions of many countries. During the last decades, in most legal systems around the world significant changes have taken place in the field of women's rights and freedoms in their family and social relations. One of the manifestations of these developments is related to the conditions and restrictions in the field of women’s travelling abroad. In this paper, using library resources and with a comparative approach, we examine international human rights instruments as well as the regulations of different countries, especially Muslim countries, and their developments over the time regarding the legal conditions for married women to leave their own country. The purpose of this study is to identify the recent developments in the world, especially in Muslim countries vis-à-vis the individual and family rights of women and the position of Iranian law in this regard. To this end, the laws of eleven countries as follows are examined: France, Turkey, Tunisia, Morocco, Algeria, Egypt, Kuwait, Jordan, Saudi Arabia, Afghanistan (prior to Taliban control in 2021) and Iran. This study shows that among the countries studied, only Iranian law stipulates that the right of married women to travel abroad is subject to their husbands' consent. Meanwhile, other countries recognize, with some differences, the freedom and independence of married women in this regard. Nevertheless, various legal solutions are provided in these countries in order to ensure the fulfillment of marital obligations in the case where one spouse travels abroad.