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.
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.
International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics.
The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights have established the right to a fair trial as an internationally recognized human rights norm. This volume examines the origins of the right to a fair trial as articulated in the Universal Declaration and the Covenant. The right to a fair trial has been the subject of more interpretation and adjudication than other rights in the Covenant. Accordingly, the book analyzes the fair trial jurisprudence of the Human Rights Committee under the Covenant. The book also explores the process by which some aspects of the right to a fair trial have gradually been considered non-derogable, that is, not subject to suspension even in times of public emergency. This volume should provide a convenient tool for human rights advocates, judges, lawyers, scholars, and others involved with and interested in the right to a fair trial. This book is the first volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.
The right of all individuals to be free from slavery is a basic human right, yet despite a widely held belief to the contrary, slavery in its various forms continues to exist. This report reviews the history and development of international law against slavery and the progress made to combat contemporary forms of slavery and other related practices. It considers forms of slavery such as serfdom, forced labour, debt bondage, migrant workers, trafficking in persons, prostitution, forced marriage and sale of wives, child labour and other issues, as well as discussing the need to improve international monitoring mechanisms.
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