Declaration on the human rights of individuals who are not nationals of the country in which they live.

human-rights

Considering that the Charter of the United Nations promotes universal respect for and observance of human rights and fundamental freedoms for all human beings without distinction as to race, sex, language or religion.

Whereas 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 as to race, colour, sex, language, religion, political opinion or of any other nature, national or social origin, economic position, birth or any other condition.

Considering that the Universal Declaration of Human Right further proclaims that every human being has the right, everywhere, to recognition of his legal personality, that all are equal before the law and are entitled, without distinction, to equal protection of the law, and that everyone is entitled to equal protection against any discrimination in violation of that declaration and against any incitement to such discrimination.

Aware that the States parties to the International Covenants on Human Rights undertake to ensure that the rights proclaimed in those Covenants are exercised without discrimination of any kind for reasons of race, color, sex, language, religion, political opinion or any other reason, national or social origin, economic position, birth or any other condition,

Aware that, as communications improve and relations of peace and friendship are established between countries, more and more people 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 established in international instruments must also be guaranteed 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 “foreigner” shall apply, duly taking into account the specifications that appear in the following articles, to any person who is not a national of the State in which he or she is located.

Article 2

  • Nothing in this Declaration shall be construed to legitimize the illegal entry or presence of an alien in any State. Nor shall any provision of this Declaration be construed as limiting the right of any State to enact laws and regulations relating to the entry of aliens and the terms and conditions of their stay therein or to distinguish between nationals and aliens. However, such laws and regulations must not be incompatible with the international legal obligations of States, in particular in the field of human rights.
  • This Declaration shall not impair the enjoyment of the rights granted by national legislation or the rights that, under international law, every State is obliged to grant to aliens, even in cases where this Declaration does not recognize those rights or recognize them to a lesser extent.

Article 3

Every State shall make public the national laws or regulations that affect foreigners.

Article 4

Foreigners shall observe the laws of the State in which they reside or find themselves and shall show respect for the customs and traditions of the people of that State.

Article 5

1. Foreigners shall enjoy, in accordance with national legislation and subject to the relevant international obligations of the State in which they are, in particular, the following rights:

  • The right to life and personal security; no foreigner may be arbitrarily detained or arrested; no foreigner shall be deprived of his liberty, except for the causes established by law and in accordance with the procedure established therein;
  • The right to protection against arbitrary or illegal interference with privacy, family, home or correspondence;
  • The right to equality before the courts and all other bodies and authorities responsible for the administration of justice and, if necessary, to the free assistance of an interpreter in criminal proceedings and, when provided by law, in other performances;
  • The right to choose a spouse, to marry, to found a family;
  • The right to freedom of thought, opinion, conscience and religion; the right to manifest one’s religion or beliefs, subject only to such limitations as may be prescribed by law and necessary to protect public safety, public order, public health or morals, or the fundamental rights and freedoms of others;
  • The right to preserve their own language, culture and traditions;
  • The right to transfer abroad their earnings, savings or other personal monetary assets, subject to national monetary regulations.

2. Subject to such restrictions as may be prescribed by law and 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 are compatible with the other rights recognized in the relevant international instruments, as well as those set forth in this Declaration, foreigners shall enjoy the following rights:

  • The right to leave the country;
  • The right to freedom of expression;
  • The right to assemble peacefully;
  • The right to property, individually and in association with others, subject to national legislation.

3. Subject to the provisions indicated in paragraph 2, aliens lawfully present in the territory of a State shall enjoy the right to move freely and to choose their residence within the borders of that State.

4. Subject to national legislation and due authorization, the spouse and minor or dependent children of a foreigner legally residing in the territory of a State shall be permitted to accompany, join and remain with him.

Article 6

No foreigner shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and, in particular, no foreigner shall be subjected to medical or scientific experiments without their free consent.

Article 7

A foreigner who is legally in the territory of a State may only be expelled from it in compliance with a decision adopted in accordance with the law and, unless compelling reasons of national security prevent it, he will be allowed to present his reasons for objecting. to be expelled and to submit his case for examination to the competent authority or to a person or persons specially designated by the competent authority, as well as to be represented for that purpose before said authority, person or persons. The individual or collective expulsion of these foreigners for reasons of race, color, religion, culture, descent or national or ethnic origin is prohibited.

Article 8

1. Foreigners who legally reside in the territory of a State shall also enjoy, in accordance with national laws, the following rights, subject to their obligations established in article 4:

  • The right to healthy and hazard-free working conditions, to fair wages and to equal remuneration for work of equal value without distinction of any kind, guaranteeing in particular to women working conditions not inferior to those enjoyed by men, with Equal salary for equal work;
  • The right to join trade unions and other organizations or associations of their choice, as well as to participate in their activities. No restrictions may be imposed on the exercise of this right, except those prescribed by law that are necessary in a democratic society in the interest of national security or public order, or for the protection of the rights and freedoms of others;
  • The right to health protection, medical care, social security, social services, education, rest and recreation, provided that they meet the participation requirements provided for in the relevant regulations and that an excessive burden is not imposed on the resources of the Condition.

2. In order to protect the rights of foreigners who carry out paid legal activities in the country in which they are found, such rights may be specified by the interested governments in multilateral or bilateral conventions.

Article 9

No foreigner shall be arbitrarily deprived of his legitimately acquired property.

Article 10

Every foreigner shall be free at any time to communicate with the consulate or diplomatic mission of the State of which he is a national or, failing that, with the consulate or diplomatic mission of any other State to which protection has been entrusted in the State in which he is a citizen resides in the interests of the State of which he is a national.

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