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I.7. General Comment on the Position of Aliens under the International Covenant on Civil and Political Rights, 1986

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Chapter Summary

In general, the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness. Aliens receive the benefit of the general requirement of non-discrimination in respect of the rights guaranteed in the Covenant. A few constitutions provide for equality of aliens with citizens. Some constitutions adopted more recently and carefully distinguish fundamental rights that apply to all and those granted to citizens only. The Covenant gives aliens all the protection regarding rights guaranteed therein, and its requirements should be observed by States parties in their legislation and in practice as appropriate. The position of aliens would thus be considerably improved. An alien must be given full facilities for pursuing his remedy against expulsion, so that this right in all the circumstances of his case can be an effective one.

Keywords: aliens; civil right; international covenant; political rights



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