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Publication : Non-citizen Rights

This publication has been prepared by the Special Rapporteur on the rights of non-citizens, Professor David Weissbrodt, who submitted his final report to the Sub-commission on the Promotion and Protection of Human Rights in August 2003.

In the introduction of the publication, citizens refer to the persons who have been recognized by a State as having an effective link with it. Citzenship can ordinarily be acquired by being born in the country (known as jus soli or the law of the place, being born to a parent who is a citizen of the country (known as jus sanguinis or the law of blood), naturalization or a combination of these approaches.

A non-citizen is a person who has not been recognized as having these effective links to the country where he or she is located. There are different groups of non-citizens, including permanent residents, migrants, refuges, asylum-seekers, victims of trafficking, foreign students, temporary visitors, other kinds of non-immigrants and stateless people.

the principal objective of this publication is to highlight all the diverse sources of international law and emerging international standards protecting the rights of non-citizens. Chapter I examines the general principle of equality for non-citizens. Chapter II explains in greater detail the sources and extent of specific non-citizen rights, including universal rights and freedoms; civil and political rights; and economic, social and cultural rights. Chapter III discusses the application of these rights to particular groups of non-citizens, such as stateless persons, refuges and asylum-seekers, non-citizen workers, and children.

The general recommendation N 30 (2003) on the discrimination against non-citizens, issued by the Committee against Discrimination, is attached to this publication.

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