rights of aliens in international law
They are subject to several strict rules and procedures such as the obtainment of a visa, or national identity card which includes details of how long they may stay and where they may work and so on. Starke, J.G., An Introduction to International Law, 1994, Wallace, Rebecca & Martin-Ortega, Olga., International Law, 2013, Tandon, M.P., Public International Law, 2005. . In the legal aspect though, it refers to a foreign-born resident who is not a citizen by virtue of parentage or naturalization and who is still a citizen or subject of another country. Aliens generally are not allowed to vote nor are they allowed to become government officials. Refugee law and international human rights law are closely intertwined; refugees are fleeing governments that are either unable or unwilling to protect their basic human rights. Aliens possess all procedural rights available to the citizens. Aliens are as much as people as the citizens of the country. They may not be allowed to hold public office and may also be denied the opportunity to be employed in certain professions such as those that deal with the national security. It is unfeasible when the alien is being tried for crimes in relation to defence, espionage or anything that concerns the security of a country. Richard B. Lillich. It is noted that the international alien law standards do not impose upon states the duty to authorize work or the exercise of a profession by aliens. Your current browser may not support copying via this button. It is entirely up to the discretion of the state and every state by its territorial supremacy is competent to exclude aliens from whole or part of its territory. The right to communicate at any time with the consulate or diplomatic mission of the country of which he or she is a national. Every state has the legitimate right to expropriate property. This right should not be abused by the governments, who may tend to expel enemy aliens on a discriminatory basis. Mexico City: Porrúa, 1974. They are entitled to all basic human rights in the country which he lives in, so he may be able to live in peace. Leclercq, Jacques. An alien will not have the same rights and duties as that of the nationals. Following some general observations These are generally imposed after taking into account the internal economic and foreign policies of the state. Manchester [Greater Manchester] ; Dover, N.H., U.S.A. : Manchester University Press, c1984. Illegal Alien – It refers to a person who is residing in a country without any legal right to be there or without proper documentation. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. Some laws of his origin country may also be applicable but not enforceable. RIGHTS OF ALIENS 1.Aliens must receive the same treatment as nationals of the country in which they live with regard to the following... 2. The presence of such people in other states is legally termed as ‘aliens’. Some laws of his origin country may also be applicable but not enforceable. New York: Oceana, 1970. The basic goal of international human rights law, as F. V. Garcia-Amador has written, "is to ensure the protection of the legitimate interests of the human person, irrespective of his nationality. All basic human rights treaties such as the Universal Declaration of Human Rights apply to aliens. This is a large gap in international law, and one that has been exploited in the past to return migrants in mass influx situations to countries in which they may well fear persecution or torture. Cançado Trindade, Antonio, Gérard Peytrignet, and Jaime Ruiz de Santiago. Indian law does not specifically define the term ‘alien’ although it appears in several pieces of Indian legislation.