The Human Rights of Non-citizens

Hardcover | August 15, 2008

byDavid Weissbrodt

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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 allhuman 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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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 allhuman rights unless exceptional distinctions s...

David Weissbrodt is the Regents Professor and Fredrikson and Byron Professor of Law at the University of Minnesota Law School. He is a world-renowned scholar and teacher of international human rights law. He is the author of 200 articles, books, and monographs. In 2001 Weissbrodt served as the first United States citizen since Elea...

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Format:HardcoverDimensions:300 pages, 9.21 × 6.14 × 0.79 inPublished:August 15, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199547823

ISBN - 13:9780199547821

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Table of Contents

Acknowledgments1. Introduction2. History of the Rights of Non-citizens3. Treaty Law and InterpretationCategories of Non-citizens4. Stateless Persons5. Asylum Seekers6. Rejected Asylum Seekers7. Refugees8. Migrants9. Trafficked Persons10. International Humanitarian Law and Non-Citizens11. Conclusions and RecommendationsBibliographyAppendicesIndex