Human Rights Of The Non Citizen

Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.

International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies

The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.

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.

With reference to India.

States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines - from literature to political science to philosophy - the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.