Article 5(d) obliges States Parties to ensure equality of enjoyment of a
number of human rights and fundamental freedoms, including freedom of
movement and residence, the right to leave one's country and return, the
right to a nationality, the right to marriage and choice of spouse, the
right to own property alone as well as in association with others, the
right to inherit, the right to freedom of thought, conscience and
religion, the right to freedom of opinion and expression, the right to
freedom of peaceful assembly and association.
are guaranteed to all persons in the United States in accordance with
various Constitutional and statutory provisions. The right to freedom of
movement and residence in the United States is guaranteed to all
citizens by the "right to travel." Crandall v. Nevada,
73 U.S. 35 (1868). The right of a citizen to enter and leave the United
States is recognized by law. The right to marriage and choice of a
spouse is one of the "fundamental rights" protected by the
privacy provisions of the U.S. Constitution. Zablocki v. Redhail,
434 U.S. 374 (1978); Loving v. Virginia, 388 U.S. 1 (1967). The
right to non-discrimination in the ownership of property is protected by
the Fifth and Fourteenth Amendments to the Constitution. See 42 U.S.C.
sec. 1982; Shelly v. Kramer, 334 U.S. 1 (1948) (finding state
action in the state court's enforcement of racially restrictive
covenants unconstitutional). Freedom of thought, conscience, religion,
opinion, expression and assembly are protected by the First Amendment.
One of the purposes of the Fourteenth Amendment to the U.S. Constitution
was to protect these ordinary rights of citizens against encroachment by
state and local governments. These "privileges and immunities"
of national citizenship cannot be abridged by state or local
intent to interfere with these rights may be criminally prosecutable
under a number of statutes. See, e.g., 18 U.S.C. sec. 241 (for
conspiracy to deprive persons of such rights), 242 (for deprivation of
rights under "color of law"), 245 (for violence or threatened
interference with specified federal rights motivated in part by racial
animus), 247 (for violent or threatening interference with right to
exercise one's religious beliefs), and 42 U.S.C. sec. 3631 (for violent
or threatening interference with rights to own or occupy property and to
associate therein with persons of another race).