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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Human Rights of Non-Citizens

ISBN13: 9780199547821
Published: June 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00

Despatched in 4 to 6 days.

  • 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.

Human Rights and Civil Liberties
1. Introduction
2. History of the Rights of Non-citizens
3. Treaty Law and Interpretation
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