The Australian government does not want its citizens contracting COVID-19 while they're overseas. But does that justify the restriction on the freedom of Australian citizens to travel?
Not according to Dr Kate Ogg, senior lecturer at the ANU College of Law, Australian National University
"It is arguable that the Australian government's restrictions on travelling overseas are in violation of Australia's human rights obligations. Australia has ratified the International Covenant on Civil and Political Rights (ICCPR), article 12(3) of which provides that 'everyone shall be free to leave any country, including his [or her] own'. Pursuant to this right, a person can leave their own country for any reason whatsoever. The right to leave one's own country is not an absolute right. The government can place restrictions on Australian citizens' and permanent residents' right to leave for a number of reasons including the protection of public health."
That would seem to give the Australian government an out. However, as Dr Ogg continues, "The measures put in place must be the least intrusive possible to protect public health. The Australian government's role is certainly to advise Australian citizens about the risks of international travel and urge Australians to avoid all inessential international travel. The Australian government's ban on international travel, which is only subject to a few very specific exceptions, may be a violation of the right to leave because it is not the least intrusive possible method to protect public health. It could both prevent the spread of COVID-19 by, for example, testing all travellers before departure and quarantining all returning travellers (a policy already in place)."
The Department of Home Affairs says in a release titled 'Leaving Australia', "Australia has strict border measures in place to protect the health of the Australian community." That includes the protection of Australians travelling overseas. But that's hardly a consistent approach. Nor does it want them riding scooters without a helmet or taking prohibited substances, yet it does not prevent them from leaving Australia to avoid the possibility they might infringe foreign drug laws or injure themselves.
Dr Ogg prefers the example of New Zealand, which has set the benchmark for successfully dealing with the pandemic, yet does not prevent its citizens from travelling overseas although it advises them against it. "The New Zealand government is correct in urging New Zealanders to avoid international travel and making them aware of the health risks to themselves and others," says Dr Ogg. "However, banning international travel, when there are methods that would allow for overseas travel and address the spread of COVID-19, is most likely a violation of the right to leave in the ICCPR."