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Author: David Weissbrodt Publisher: OUP Oxford ISBN: 0191563277 Category : Law Languages : en Pages : 300
Book Description
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.
Author: David Weissbrodt Publisher: OUP Oxford ISBN: 0191563277 Category : Law Languages : en Pages : 300
Book Description
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.
Author: David S. Weissbrodt Publisher: Oxford University Press, USA ISBN: 0199547823 Category : Law Languages : en Pages : 282
Book Description
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.
Author: United Nations. Office of the High Commissioner for Human Rights Publisher: United Nations Publications ISBN: Category : Law Languages : en Pages : 58
Book Description
International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should 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 the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies
Author: Molly Katrina Land Publisher: Cambridge University Press ISBN: 1108843174 Category : Law Languages : en Pages : 239
Book Description
Explores new forms of belonging across borders to foster more robust protections for non-citizens. This title is available as Open Access on Cambridge Core.
Author: Rhoda E. Howard-Hassmann Publisher: University of Pennsylvania Press ISBN: 0812247175 Category : Law Languages : en Pages : 328
Book Description
The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.
Author: Maria Pabon Lopez Publisher: ISBN: Category : Languages : en Pages : 26
Book Description
This article examines the failure of the U.S. civil rights regime, in particular, antidiscrimination law to redress the inequitable fashion in which our domestic legal system treats undocumented workers in the United States. The article posits that the future of the civil rights of noncitizens in the United States lies in an international human rights paradigm. Using the theory set forth in the book EYES OFF THE PRIZE, where historian Carol Anderson analyzes the reasons why, during Civil Rights Movement, the National Association for the Advancement of Colored People leadership was not able to articulate a human rights case for their struggles, I compare the Civil Rights Movement to the emerging Immigrant Rights Movement of today. In doing so, I make the case that the use of international human rights law to redress the rights of undocumented workers will take advantage of the opportunity that the leaders of the Civil Rights movement missed. My conclusion is that the use of an international human rights paradigm will not only address the shortcoming of civil rights law, but that, in the face of the currently existing lowered social citizenship of immigrants and the poor, this will be the only way to ensure equal social citizenship for all in our country.
Author: Rosemarie Buikema Publisher: Routledge ISBN: 0429582013 Category : History Languages : en Pages : 323
Book Description
In Cultures, Citizenship and Human Rights the combined analytical efforts of the fields of human rights law, conflict studies, anthropology, history, media studies, gender studies, and critical race and postcolonial studies raise a comprehensive understanding of the discursive and visual mediation of migration and manifestations of belonging and citizenship. More insight into the convergence – but also the tensions – between the cultural and the legal foundations of citizenship, has proven to be vital to the understanding of societies past and present, especially to assess processes of inclusion and exclusion. Citizenship is more than a collection of rights and privileges held by the individual members of a state but involves cultural and historical interpretations, legal contestation and regulation, as well as an active engagement with national, regional, and local state and other institutions about the boundaries of those (implicitly gendered and raced) rights and privileges. Highlighting and assessing the transformations of what citizenship entails today is crucially important to the future of Europe, which both as an idea and as a practical project faces challenges that range from the crisis of legitimacy to the problems posed by mass migration. Many of the issues addressed in this book, however, also play out in other parts of the world, as several of the chapters reflect. This book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. They have been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: David Weissbrodt
Author: David Weissbrodt
Author: David S. Weissbrodt
Author: United Nations. Office of the High Commissioner for Human Rights
Author: Rathin Bandyopadhyay
Author: Molly Katrina Land
Author: Rhoda E. Howard-Hassmann
Author: 
Author: Alice Edwards
Author: Maria Pabon Lopez
Author: Rosemarie Buikema