Discrimination on the grounds of nationality Ana Rita Gil FDUNL, 19 October 2015

I – Introduction

Aliens, Foreigners … The “outsiders” Relation between where we are – who we are Nowadays… traditional dichotomy is disappearing  Citizens of the Portuguese-Speaking Countries  Citizens of the EU: – right to free movement - principle of non-discrimination - political rights

Cathegories of Migrants Voluntary Migration vs. Forced Migration - Refugees - Subsidiary Protection ImmigrationAsylum

Forced Migrants Refugees: Individual Persecuted on the grounds of race, religion, nationality, belonging to a specific social group or due to political opinions (social group: gender, sexual orientation) Subsidiary Protection Other grounds General violence? War? Environment?

II – Do Aliens have rights?

International Human Rights Instruments - General Instruments - Special Instuments

- Universal Declaration of Human Rights - International Covenant on Civil and Political Rights - Convention on the Rights of the Child - European Convention on Human Rights - Charter of Fundamental Rights of the EU General Instruments : Are they applicable to Aliens?

Universal Application: UDHR – “All Human Beings” (art. 1) ICCPR - “all individuals” (art. 2) – Commentary n. 15/27 of 22th July ECHR– “everyone within their jurisdiction” (art. 1) UE CFR– everyone / residents / EU citizens

Exceptions Political Rights Rights connected to the territory Social, Economic and Cultural Rights Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals (art. 2, n.º 3 ICESCR)

Irrelevance of the legal status ICCPR : Exception – Art. 13. (guarantees for the expulsion procedure) - Art. 12., n.1 (right to freedom of movement) ECHR : Exceptions: Art. 1 of Additional Protocolo n. 7 (guarantees of the expulsion procedure ) Art. 2 of Additional Protocol n. 4 (right to freedom of movement) EU CFR– rights of the Human Being vs. rights of the resident

- Geneva Convention on the Rights and Status of Refugees (1950) - Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country in Which They Live (1985) - United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) - Conventions n. 97 (1949) and 143 (1979) of the ILO on Migrant Workers - European Social Charter - European Convention on the legal status of the Migrant Worker (1977) Special Instruments :

Convention on the Status of Refugees Asylum seekers – minimum rights Refugee Status – same as nationals in several rights