Declaration on the Human Rights of Individuals
Who are not Nationals
of the Country in which They
Live
Adopted by General Assembly
resolution 40/144 of 13 December 1985
The General Assembly,
Considering that the Charter of the United Nations
encourages universal respect for and observance of the human rights and
fundamental freedoms of all human beings, without distinction as to race, sex,
language or religion,
Considering that the Universal Declaration of
Human Rights proclaims that all human beings are born free and equal in dignity
and rights and that everyone is entitled to all the rights and freedoms set
forth in that Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status,
Considering that the Universal Declaration of
Human Rights proclaims further that everyone has the right to recognition
everywhere as a person before the law, that all are equal before the law and
entitled without any discrimination to equal protection of the law, and that all
are entitled to equal protection against any discrimination in violation of that
Declaration and against any incitement to such discrimination,
Being aware that the States Parties to the
International Covenants on Human Rights undertake to guarantee that the rights
enunciated in these Covenants will be exercised without discrimination of any
kind as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status,
Conscious that, with improving communications and
the development of peaceful and friendly relations among countries, individuals
increasingly live in countries of which they are not nationals, Reaffirming the
purposes and principles of the Charter of the United Nations,
Recognizing that the protection of human rights
and fundamental freedoms provided for in international instruments should also
be ensured for individuals who are not nationals of the country in which they
live,
Proclaims this Declaration:
Article 1
For the purposes of this Declaration, the term "alien"
shall apply, with due regard to qualifications made in subsequent articles, to
any individual who is not a national of the State in which he or she is
present.
Article 2
1. Nothing in this Declaration shall be interpreted as
legitimizing the illegal entry into and presence in a State of any alien, nor
shall any provision be interpreted as restricting the right of any State to
promulgate laws and regulations concerning the entry of aliens and the terms and
conditions of their stay or to establish differences between nationals and
aliens. However, such laws and regulations shall not be incompatible with the
international legal obligations of that State, including those in the field of
human rights.
2. This Declaration shall not prejudice the
enjoyment of the rights accorded by domestic law and of the rights which under
international 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.
Article 3
Every State shall make public its national legislation or
regulations affecting aliens.
Article 4
Aliens shall observe the laws of the State in which they
reside or are present and regard with respect the customs and traditions of the
people of that State.
Article 5
1. Aliens shall enjoy, in accordance with domestic law and
subject to the relevant international obligation of the State in which they are
present, in particular the following rights:
(a) The right to life and security of person;
no alien shall be subjected to arbitrary arrest or detention; no alien shall
be deprived of his or her liberty except on such grounds and in accordance
with such procedures as are established by law;
(b) The right to protection against arbitrary or
unlawful interference with privacy, family, home or correspondence;
(c) The right to be equal before the courts,
tribunals and all other organs and authorities administering justice and, when
necessary, to free assistance of an interpreter in criminal proceedings and ,
when prescribed by law, other proceedings;
(d) The right to choose a spouse, to marry, to
found a family;
(e) The 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;
(f) The right to retain their own language,
culture and tradition;
(g) The right to transfer abroad earnings,
savings or other personal monetary assets, subject to domestic currency
regulations.
2. 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 international instruments and those
set forth in this Declaration, aliens shall enjoy the following rights:
(a) The right to leave the country;
(b) The right to freedom of expression;
(c) The right to peaceful assembly;
(d) The right to own property alone as well as
in association with others, subject to domestic law.
3. Subject to the provisions referred to in paragraph 2,
aliens lawfully in the territory of a State shall enjoy the right to liberty of
movement and freedom to choose their residence within the borders of the
State.
4. Subject to national legislation and due
authorization, the spouse and minor or dependent 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 alien shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment and, in particular, no alien shall be
subjected without his or her free consent to medical or scientific
experimentation.
Article 7
An alien lawfully in the territory of a State may be
expelled therefrom only in pursuance of a decision reached in accordance with
law and shall, except 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
competent authority or a person or persons specially designated by the competent
authority. Individual or collective expulsion of such aliens on grounds of race,
colour, religion, culture, descent or national or ethnic origin is
prohibited.
Article 8
1 . Aliens lawfully residing in the territory of a State
shall also enjoy, in accordance with the national laws, the following rights,
subject to their obligations under article 4:
(a) 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;
(b) 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;
(c) The right to health protection, medical
care, social security, social services, 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 protecting
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 concerned in
multilateral or bilateral conventions.
Article 9
No alien shall be arbitrarily deprived of his or her
lawfully acquired assets.
Article 10
Any alien shall be free at 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 protection of the interests of the State of which
he or she is a national in the State where he or she resides.
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