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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. |
