Twenty-seventh session (1986)
General comment No. 15: The position of aliens under the Covenant
1.
Reports from States parties have often failed to take into account that each State party must
ensure the rights in the Covenant to “all individuals within its territory and subject to its jurisdiction”
(art. 2, para. 1). In general, the rights set forth in the Covenant apply to everyone, irrespective of
reciprocity, and irrespective of his or her nationality or statelessness.
2.
Thus, the general rule is that each one of the rights of the Covenant must be guaranteed
without discrimination between citizens and aliens. Aliens receive the benefit of the general
requirement of non-discrimination in respect of the rights guaranteed in the Covenant, as provided
for in article 2 thereof. This guarantee applies to aliens and citizens alike. Exceptionally, some of the
rights recognized in the Covenant are expressly applicable only to citizens (art. 25), while article 13
applies only to aliens. However, the Committee’s experience in examining reports shows that in a
number of countries other rights that aliens should enjoy under the Covenant are denied to them or
are subject to limitations that cannot always be justified under the Covenant.
3.
A few constitutions provide for equality of aliens with citizens. Some constitutions adopted
more recently carefully distinguish fundamental rights that apply to all and those granted to citizens
only, and deal with each in detail. In many States, however, the constitutions are drafted in terms of
citizens only when granting relevant rights. Legislation and case law may also play an important part
in providing for the rights of aliens. The Committee has been informed that in some States
fundamental rights, though not guaranteed to aliens by the Constitution or other legislation, will also
be extended to them as required by the Covenant. In certain cases, however, there has clearly been
a failure to implement Covenant rights without discrimination in respect of aliens.
4.
The Committee considers that in their reports States parties should give attention to the
position of aliens, both under their law and in actual practice. The Covenant gives aliens all the
protection regarding rights guaranteed therein, and its requirements should be observed by States
parties in their legislation and in practice as appropriate. The position of aliens would thus be
considerably improved. States parties should ensure that the provisions of the Covenant and the
rights under it are made known to aliens within their jurisdiction.
5.
The Covenant does not recognize the right of aliens to enter or reside in the territory of a
State party. It is in principle a matter for the State to decide who it will admit to its territory.
However, in certain circumstances an alien may enjoy the protection of the Covenant even in
relation to entry or residence, for example, when considerations of non-discrimination, prohibition
of inhuman treatment and respect for family life arise.
6.
Consent for entry may be given subject to conditions relating, for example, to movement,
residence and employment. A State may also impose general conditions upon an alien who is in
transit. However, once aliens are allowed to enter the territory of a State party they are entitled to
the rights set out in the Covenant.
7.
Aliens thus have an inherent right to life, protected by law, and may not be arbitrarily
deprived of life. They must not be subjected to torture or to cruel, inhuman or degrading treatment
or punishment; nor may they be held in slavery or servitude. Aliens have the full right to liberty and
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