Part 3 Trends in Decision and Conditioning Factors: Claims Relating to Respect, Fourteen The Protection of Aliens from Discrimination: State Responsibility Conjoined with Human Rights
From: Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (2nd Edition)
Myres S. McDougal, Harold D. Lasswell, Lung-chu Chen
- Access to justice — Equality before the law — Right to non-discrimination — Aliens, treatment — National treatment — Customary international law
This chapter discusses the responsibility of states to protect aliens from discrimination in the context of human rights prescriptions. It starts with a factual background on deprivations imposed upon individuals on the ground that they do not possess the “nationality” of the imposing state. Among the most important value deprivations imposed upon aliens are denial of full participation in the making of community decisions, “denial of justice,” and deprivations with respect to wealth, skill, and enlightenment. The chapter proceeds by considering basic community policies aimed at protecting aliens from discrimination and the development of a unique customary international law for the special protection of aliens. In particular, it examines two different standards about the responsibility of states to protect aliens from discrimination: the doctrine of “national treatment,” or “equality of treatment,” and the “minimum international standard.” Finally, it highlights future prospects for prescriptions that relate to alien “protection” or “discrimination”.