The human rights of non-citizens

David Weissbrodt

Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labour, forced labour, inhuman treatment, invasions of privacy, refoulement, slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labour rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights. There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face.In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since 11 September 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.

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  • Acknowledgments
  • 1. Introduction
  • 2. History of the Rights of Non-citizens
  • 3. Treaty Law and Interpretation
  • 4. Stateless Persons
  • 5. Asylum Seekers
  • 6. Rejected Asylum Seekers
  • 7. Refugees
  • 8. Migrants
  • 9. Trafficked Persons
  • 10. International Humanitarian Law and Non-Citizens
  • 11. Conclusions and Recommendations

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書名 The human rights of non-citizens
著作者等 Weissbrodt, David S.
Weissbrodt David
出版元 Oxford University Press
刊行年月 2008
ページ数 xxiii, 257 p.
大きさ 24 cm
ISBN 9780199547821
NCID BA86823699
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言語 英語
出版国 イギリス