Friday, March 28, 2008

Rights of Non-Citizens

from “The Rights of Non-citizens”, Office of the UN High Commissioner for Human Rights

This is a booklet published in 2006. I quote two paragraphs from its introduction.
“All persons should, by virtue of their essential humanity, 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 that objective.”
“Non-citizens should have freedom from arbitrary killing, inhuman treatment, slavery, arbitrary arrest, unfair trials, invasions of privacy, refoulement [forced return to a persecuting country], forced labour, child labour and violations of humanitarian law. They also have the right to marry; protection as minors; peaceful association and assembly; equality; freedom of religion and belief; social, cultural and economic rights; labour rights (for example, as to collective bargaining, workers’ compensation, healthy and safe working conditions); and consular protection. While all human beings are entitled to equality in dignity and rights, States may narrowly draw distinctions between citizens and non-citizens with respect to political rights explicitly guaranteed to citizens and freedom of movement.”
Interestingly,this booklet omits entirely the group we are interested in: non-citizens who are in jails and prisons, places where many of these rights either do not exist at all or exist in vastly weakened form for all their inhabitants.
I will be quoting from this booklet from time to time. If you want to know how to purchase it, check out the United Nations website: http://www.unp.un.org/.

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