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5 Article 2(3): Non-Nationals in Developing States

Ben Saul, David Kinley, Jacqueline Mowbray

From: The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials

Ben Saul, David Kinley, Jaqueline Mowbray

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 20 January 2021

Subject(s):
Economic, social, and cultural rights — Nationality of individuals — Right to non-discrimination — Non-discrimination — Developing countries
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. Article 2(3) effectively authorizes developing countries to limit the extent to which they guarantee economic rights recognized in the Covenant to non-nationals. In practice, no developing country has sought to invoke this Article, and the provision has been the subject of very little attention by the Committee and in the literature. Nonetheless, an understanding...
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