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Human Rights of Non-Citizens

Human Rights of Non-Citizens

Author: David Weissbrodt
Publisher: Oxford University Press
ISBN: 9780199547821
Published In: June 2008
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensively covers all types of non-citizens, including asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons
Offers an interdisciplinary perspective on the rights of non-citizens, covering aspects of international human rights, humanitarian law, refugee law, and other elements of international law
Compares the experience of non-citizens across the world

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.

Readership: Academics, scholars, and advanced students of international human rights law, and the law and policy surrounding refugees, migrant workers, and all categories of non-citizens. A secondary readership of UN officials and NGO personnel.

Acknowledgments
1: Introduction
2: History of the Rights of Non-citizens
3: Treaty Law and Interpretation
Categories of Non-citizens
4: Stateless Persons
5: Asylum Seekers
6: Rejected Asylum Seekers
7: Refugees
8: Migrants
9: Trafficked Persons
10: International Humanitarian Law and Non-Citizens
11: Conclusions and Recommendations
Bibliography
Appendices
Index

David Weissbrodt, Regents Professor and Fredrikson & Byron Professor of Law, University of Minnesota

"The book is useful for its survey of the international regimes applicable to specific issues affecting non-citizens" - Ivan Shearer, University of South Australia, International Journal of Refugee Law 22.1