Unequal Protection of the Law: The Rights of Citizens and Non-Citizens in Comparative Perspective

Unequal Protection of the Law: the Rights of Citizens and Non-Citizens in Comparative Perspective, explores the disparate allocation of legal rights of persons from a comparative, global perspective. In particular, the chapters herein canvass some of the timely, hot-topic issues relative to the legal rights of persons vis-à-vis the rights of citizens, migrants, refugees, and immigrants. In conducting a comparative analysis, the chapters elucidate how various migrant, refugee, and immigrant populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions. The chapters also explicate how the disparate allocation of rights under national laws raises a number of human rights law violations. Towards this endeavor, the chapters discuss which particular international laws, treaties, declarations, and/or conventions are implicated as a result of the disparate and unequal treatment of migrants, refugees, and immigrants under law.

This book seeks to contribute important analyses and discussions on the current state of affairs relative to the rights of persons within the context of the rights of citizens vis-à-vis non-citizens (migrants, refugees and immigrants). In shedding light on how various migrant, immigrant and refugee populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions, the chapters will raise general awareness of the differences in legal standing of people before the law. Students and scholars alike will gain exposure to timely international issues of civil rights and human rights which can inform and guide the creation of norms relative to the rights all persons should enjoy as well as foment a greater awareness of the issue of legal rights within civil society. This book seeks to contribute scholarly discourse to the extant literature on citizenship and migration and particularly the interface of these two concepts. Lastly, this books aims to serve as a resource for students, scholars, practitioners, and even those with a casual interest, who seek a deeper understanding of some of the prevailing issues relative to the (dis)equal protection of laws throughout the globe.

Collectively, the chapters in this book weave together a mosaic of case-studies and narratives that poignantly illustrate the disparate allocation of legal rights of persons from a comparative, global perspective. The chapters also make a strong case for why we should care about the rights of persons; about why we should care about human rights.

Richard T. Middleton, IV, editor and contributor, is an Associate Professor of Political Science at the University of Missouri-St. Louis. Middleton is also an adjunct professor of law at St. Louis University School of Law where he teaches courses on immigration law and citizenship, social justice and human rights. He is also a licensed attorney who has practiced immigration law for many years. See more