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Non-discrimination

Karin de Vries

Chapter 63 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 368-375 from Edward Elgar Publishing

Abstract: The principle of non-discrimination is a fundamental principle of human rights law and its relevance to the field of migration governance is affirmed in the Global Compact for Migration. Through general and more specific non-discrimination provisions in international and regional human rights treaties, the principle of non-discrimination has gained legally binding force as a safeguard against inequalities resulting from state action throughout the field of migration governance. This being so, and important contributions by regional human rights courts and other bodies notwithstanding, much remains to be done when it comes to determining the precise content of the prohibition of discrimination in the field of migration and providing a detailed articulation of the circumstances in which unequal treatment of migrants is or is not justified. Among these outstanding questions, the issue of discrimination based on nationality is particularly contentious and will likely continue to attract attention for some time to come.

Keywords: Non-discrimination; Equality; Nationality/citizenship; Race; Sex; Migratory status (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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