Declaration on the Human Rights of Individuals who are not nationals of
the country in which they live
Adopted by General Assembly resolution 40/144 of 13 December 1985
The General Assembly ,
Considering that the Charter of the United Nations encourages universal respect for
and observance of the human rights and fundamental freedoms of all human beings,
without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights proclaims that all human
beings are born free and equal in dignity and rights and that everyone is entitled to all
the rights and freedoms set forth in that Declaration, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status,
Considering that the Universal Declaration of Human Rights proclaims further that
everyone has the right to recognition everywhere as a person before the law, that all
are equal before the law and entitled without any discrimination to equal protection of
the law, and that all are entitled to equal protection against any discrimination in
violation of that Declaration and against any incitement to such discrimination,
Being aware that the States Parties to the International Covenants on Human Rights
undertake to guarantee that the rights enunciated in these Covenants will be exercised
without discrimination of any kind as to race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status,
Conscious that, with improving communications and the development of peaceful and
friendly relations among countries, individuals increasingly live in countries of which
they are not nationals,
Reaffirming the purposes and principles of the Charter of the United Nations,
Recognizing that the protection of human rights and fundamental freedoms provided
for in international instruments should also be ensured for individuals who are not
nationals of the country in which they live,
Proclaims this Declaration:
Article 1
For the purposes of this Declaration, the term "alien" shall apply, with due regard to
qualifications made in subsequent articles, to any individual who is not a national of the
State in which he or she is present.
Article 2
1. Nothing in this Declaration shall be interpreted as legitimizing the illegal entry into
and presence in a State of any alien, nor shall any provision be interpreted as
restricting the right of any State to promulgate laws and regulations concerning the
entry of aliens and the terms and conditions of their stay or to establish differences
between nationals and aliens. However, such laws and regulations shall not be