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
labor, forced labor, 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; labor 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 September 11, 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.
General
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