Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country in Which They Live

A/RES/40/144View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1986.

What subjects does this mandate have?

3 subjects

Declarations (Text)Human Rights Non-Citizens

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19 operative paragraphs

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Decides to adopt the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live. which is annexed to the present resolution.

116th p/enary meeting

13 December 1985

This Declaration shall not prejudice the enjoyment of the rights accorded by domestic law and of the rights which under intemational law a State is obliged to accord to aliens, even where this Declaration does not recognize such rights or recognizes them to a lesser extent.

ArticleJ Evcry State shall make public its national legislation or regulations affecting alicns.

Article 4 Aliens shall observe the laws ofthe State in which they reside orare prescnt and regard with respect the customs and traditions of the people of that State.

Artic/e 5

l. Aliens shall enjoy, in accordance with domestic law and subject to the rele-vant intemational obligations ofthe State in which they are present, in particular the following rights:

Toe right to life and security of person; no alien shall be subjected to arbitrary arrest or detention; no alien shall be deprived of bis or her libcrty except on such grounds and in accordance with such procedures as are established by law;

The right to protection against arbitrary or unlawful interference with privacy, family, home or correspondence;

Toe right to be equal before the courts, tribunals and ali other orpns and authorities administering justice and, when necessary, to free assistance of an interpreter in criminal proceedings and, when prescribed by law, other proceedings;

The right to choose a spouse, to marry, to found a family;

Toe right to freedom of thought, opinion, conscience and religion; the right to manifest their religion or beliefs, subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others;

The right to retain thcir own language, culture and tradition;

Thc right to transfer abroad eamings, savings or other personal monetary asscts, subject to domestic currency regulations.

Subject to such restrictions as are prescribed by law and which are necessary in a democratic society to protect national security, public safety, public order, public health or morals or the rights and freedoms of others, and which are consistent with the other rights recognized in the relevant intemational instruments and those set forth in this Declaration, aliens shall enjoy the following rights:

The right to leave the country;

The right to freedom of expression;

The right to peaceful assembly:

Thc right to own property alone as well as in association with others, subject to domestic law.

Subjcct to the provisions referred to in paragraph 2, aliens lawfully in the tcrritory of a State shall enjoy the right to liberty of movement and freedom to choose their residence within the borders of the Sta te.

Subjcct to national legislation and due authorization, the spouse and minor or dependen! children of an alien lawfully residing in the territory of a State shall be admitted to accompany, join and stay with the alien.

Article 6 No alíen shall be subjected to torture or to cruel, inhuman or degrading trcatment or punishment and, in particular, no alíen shall be subjected without his or her free consent to medica! or scientific experimentation.

Artic/e 7 An alien lawfully in the territory of a State may be expelled therefrom only in pursuance of a dccision reached in accordance with law and shall, cxcept where compelling reasons of national security otherwise require, be allowed to submit the reasons why he or she should not be expelled and to have the case reviewed by, and be represented for the purpose before, the competen! authority or a person or persons specially designated by the compctent authority. Individual or collective expulsion of such aliens on grounds of race, colour, religion, culture, descent or national or ethnic origin is prohibited.

Artic/e 8 l. Aliens lawfully residing ,n the territory of a State shall also enjoy, in accordance with the national laws, the following rights, subject to their obligations under article 4:

The right to safe and healthy working conditions, to fair wages and equal remuneration for work of equal value without distinction of any kind, in particular, women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

The right to join trade unions and other organizations or associations of their choice and to participate in their activities. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary, in a democratic society, in the interests of national security or public order or for the protection of the rights and freedoms of others:

The right to health protection. medica! care, social security, social serv1ces, education, rest and leisure, provided that they fulfil the requirements under the relevant regulations for participation and that undue strain is not placed on the resources of the State.

2. With a view to protccting the rights of aliens carrying on lawful paid activities in the country in which they are present, such rights may be specified by the Governments concemed in multilateral or bilateral conventions.

Amele 9 No alien shall be arbitrarily deprived of his or her lawfully acquired assets.

A.nicle JO Any alien shall be free al any time to communicate with the consulate or diplomatic mission of the State of which he or she is a national or, in the absence thereof, with the consulate or diplomatic mission of any other State entrusted with the protcction of the interests of the State of which he or she is a national in the State where he or she resides.

Dedaration on tbe Human RJ1b1s of lndhidaals Wbo are not Natioaals of tbe Coantry ia wblcb Tbey Live

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