This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.

This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.

The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

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

The human and political problems presented by refugees and asylum are acute and are not improving. This is reflected in international concern and the existence of a treaty framework. The emergent body of refugee law is an amalgam of international, regional and national rules and procedures. But it is national law and practice, particularly with regard to immigration, which in reality determines an individual's right to asylum. The key to a true appreciation and understanding of the plight of refugees and the extent of their current rights therefore lies in national law and practice.

Group hatred, disregard for the collective aspirations of religious, ethnic or cultural minorities, genocide, ethnic cleansing, apartheid, and anti-Semitism have been at the roots of the greatest tragedies of our time and are a source of internal and international conflict. This volume studies this wide range of problems from the perspective of modern human rights law, with special emphasis on racism and religious intolerance. Also dealt with are measures adopted, or to be taken, for the protection of specific groups, including indigenous populations and migrant workers, as well as the present situation regarding the conventions against genodice, discrimination in education and labour, and the steps and declarations for the strenghtening of group identity and their advancement. Special areas such as slavery, affirmative action, and modern models to preserve the collective personality are also discussed, including protective penal measures.

The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.

Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.