Discrimination based on nationality
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Discrimination based on nationality is discrimination against a person based on their nationality, citizenship, or naturalization. Many countries' non-discrimination laws contain exceptions for nationality and immigration status.[1]
International
The International Convention on the Elimination of All Forms of Racial Discrimination (CERD), currently signed by 88 countries,[2] allows discrimination by nationality, citizenship or naturalization but prohibits discrimination "against any particular nationality".[3]
1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
Article 7(1) of the
Some international investment agreements also prohibit discrimination based on the nationality of the investor.[6][7]
By juristiction
Prohibition of discrimination based on nationality for nationals of European single market member states is a key aspect of the European single market.[8] Article 18 of the Treaty on the Functioning of the European Union (TFEU) bans discrimination based on nationality within the scope of the treaties. According to the European Court of Justice, this prohibition is not applicable to non-nationals of member states of the European Union or European single market.[9]
Migration law
Many states have travel and immigration laws based on nationality, for example offering
A well-known example of discrimination on the basis of nationality is the Executive Order 13769 ("Muslim ban") in which nationals of several Muslim-majority states were prohibited from traveling to the United States.[10]
Criticism
Nationality is related to race and religion, so direct discrimination on the basis of nationality may be
According to Thomas Spijkerboer, "at face value, migration law is also a form of racial discrimination" under the CERD.[3]According to Gareth Davies, eliminating discrimination based on nationality would create polities based on residence rather than citizenship.[13]
Labor market
One study found that foreign
See also
References
- S2CID 243839359.
- ^ "2. International Convention on the Elimination of All Forms of Racial Discrimination". United Nations Treaty Collection.
- ^ S2CID 150019997.
- ^ "The 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees". UNHCR. Retrieved 8 February 2025.
- )
- ISBN 9789004260207.
- ISBN 978-90-8722-378-6.
- ISBN 978-3-030-43511-0.
- ISBN 9789039363072.
- ^ S2CID 159178544.
- S2CID 239512847.
- ISBN 9780203085981.
- .
- )
Further reading
- Foster, Michelle; Baker, Timnah Rachel (2021). "Racial Discrimination in Nationality Laws: A Doctrinal Blind Spot of International Law?". Columbia Journal of Race and Law. 11: 83. .