In the Liber Amicorum on the occasion of the anniversary of professor Dr. Karel Klíma, CSc. has been published an article of professor Alexander J. Bělohlávek „Prohibition to leave the country from the perspective of fundamental rights“ [Zákaz opustit území státu z pohledu základních práv].

The right to leave one’s own country is an inalienable right based on fundamental human rights principles. The restriction of this right constitutes a significant interference with the freedom of movement of the individual(s). Legal restriction is an exception in extreme situations. Unlike economic, social and cultural rights, fundamental civil rights, including freedom of movement, are directly applicable. Any exception is possible only on the basis of clear and predictable procedures under which restrictions on freedom of movement can be imposed, including a ban on travel abroad. Such a restriction as a restriction individualised to a specific person must always be reviewable by the court. A blanket ban in terms of a general prohibition to leave one´s own country is unacceptable from the perspective of civil rights as well as international law. The content of the freedom to leave the territory of the country, including its own state, is very broad. This right cannot be linked to any conditions, nor can it limit the period of stay abroad.

This right belonging to each individual is also in line with the obligation of the state to allow such travel (to allow to leave one´s own country). The ban on leaving the territory of the Czech Republic ordered by the Czech Government on 13 March 2020 for Czech citizens and persons of other nationality domiciled in the Czech Republic constitutes, according to domestic and international standards, a principal interference with civil rights, does not contain sufficient or, in principle, any argument, nor is it based on a clear legal basis. It is a denial of fundamental principles of civil rights, which, both nationally and globally, are not in the least bit tenable. This was an unprecedented display of arbitraried power of the government.