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 Although such a distinction appears to be outdated to a certain extent (because of an increasing shift from nationality to residence occurred within several regional contexts), it should not be neglected that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).

De Sena, P., Still Three Different Status for Aliens,Citizens and Human Persons?, in De Sena, P., Pisillo Mazzeschi, R. (ed.), Global Justice, Human Rights and the Modernization of International Law, Springer, Cham, 2018: 239- 254 [http://hdl.handle.net/10807/133209]

Still Three Different Status for Aliens, Citizens and Human Persons?

De Sena, P.
2018

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 Although such a distinction appears to be outdated to a certain extent (because of an increasing shift from nationality to residence occurred within several regional contexts), it should not be neglected that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).
Inglese
Global Justice, Human Rights and the Modernization of International Law
978-3-319-90226-5
Springer
De Sena, P., Still Three Different Status for Aliens,Citizens and Human Persons?, in De Sena, P., Pisillo Mazzeschi, R. (ed.), Global Justice, Human Rights and the Modernization of International Law, Springer, Cham, 2018: 239- 254 [http://hdl.handle.net/10807/133209]
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10807/133209
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