Abstract
In this chapter it is submitted that going beyond the distinction between
citizens, aliens and human persons is not appropriate, with a view to promoting
inclusive societies, pursuant the 2030 Agenda for sustainable development. Although
such a distinction appears to be outdated to a certain extent (because of an increasing
shift from nationality to residence occurred within several regional contexts), it
should not be neglected that nationality continues to play a significant role, both as
an autonomous individual right and a basis for the enjoyment of (other) human
rights. At the same time, some recent and troubling developments of the legal
dimension of nationality in the broad sense—i.e., the increasing recourse to nationality
as a means to adopt discriminatory policies against aliens, and the resurgent
recourse to a sort of “legal nationalism” when dealing with legal issues concerning
aliens—suggest a more cautious approach. Such an approach could turn around the
principle of non-discrimination, seen as an autonomous right; namely, the right of
every human being not to be subjected to any factual or legal discrimination by
public authorities (Art. 26 of the UN Covenant on Civil and Political Rights so as
interpreted by the UN Human Rights Committee).
Lingua originale | English |
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Titolo della pubblicazione ospite | Global Justice, Human Rights and the Modernization of International Law |
Editor | Pasquale De Sena, Riccardo. Pisillo Mazzeschi |
Pagine | 239-254 |
Numero di pagine | 16 |
Stato di pubblicazione | Pubblicato - 2018 |
Keywords
- Aliens Status
- Citizens
- International Law