Discrimination based on nationality

Discrimination based on nationality is discriminating against a person based on their nationality, country of citizenship, or national origin. Although many countries' non-discrimination laws contain exceptions for nationality and immigration status,^[1] nationality is related to race and religion, so direct discrimination on the basis of nationality may be indirect discrimination on racial or religious grounds.^[2] The International Convention on the Elimination of All Forms of Racial Discrimination (CERD), currently signed by 88 countries,^[3] allows discrimination by nationality, citizenship or naturalization but prohibits discrimination "against any particular nationality".^[4]

Treaties

Article 1(1) of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) includes national origin in its definition of racial discrimination: "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".^[5] The treaty allows distinguishing between citizens and non-citizens, but not "against any particular nationality", which could encompass a grouping of particular nationalities.^[5]

Prohibition of discrimination based on nationality for nationals of European single market member states is a key aspect of the European single market.^[6] 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.^[7] Investment treaties also prohibit discrimination based on the nationality of the investor.^[8]^[9]

Article 7(1) of the Refugee Convention prohibits discrimination on the basis of nationality among refugees.^[10]

Labor market

One study found that foreign NBA players were paid less than United States nationals of equivalent performance between the 1999-2000 and 2007–2008 seasons.^[11]

Migration law

Many states have travel and immigration laws based on nationality, for example offering visa-free travel to nationals of certain states but not others.^[12]

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.^[12]

According to Professor of Migration Law Thomas Spijkerboer [Wikidata], "at face value, migration law is also a form of racial discrimination" under the CERD.^[5]

Global apartheid is a term used to describe how Global North countries discriminate on the basis of nationality and deny permanent residency or citizenship to migrants from the Global South as well as discrimination based on nationality in migration law.^[13]

According to Gareth Davies, eliminating discrimination based on nationality would create polities based on residence rather than citizenship.^[14]

References

^ Fennelly, David; Murphy, Clíodhna (2021). "Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive". Netherlands Quarterly of Human Rights. 39 (4): 308–328. doi:10.1177/09240519211055648. S2CID 243839359.
^ Heijer, Maarten den (2018). "Visas and Non-discrimination". European Journal of Migration and Law. 20 (4): 470–489. doi:10.1163/15718166-12340039. hdl:11245.1/b58cac4e-2b9b-4bb0-bc14-207f1cca7050. S2CID 239512847.
^ "2. International Convention on the Elimination of All Forms of Racial Discrimination". United Nations Treaty Collection.
^ International Convention on the Elimination of All Forms of Racial Discrimination
^ ^a ^b ^c Spijkerboer, Thomas (2018). "The Global Mobility Infrastructure: Reconceptualising the Externalisation of Migration Control". European Journal of Migration and Law. 20 (4): 452–469. doi:10.1163/15718166-12340038. S2CID 150019997.
^ Favilli, Chiara (2021). "Article 18 [Combating Discrimination Based on Nationality]". Treaty on the Functioning of the European Union – A Commentary: Volume I: Preamble, Articles 1–89. Springer International Publishing. pp. 453–467. ISBN 978-3-030-43511-0.
^ Brouwer, E. R.; Vries, K. M. de (2015). "Third-country nationals and discrimination on the ground of nationality: article 18 TFEU in the context of article 14 ECHR and EU migration law: time for a new approach". Equality and Human Rights: Nothing but Trouble?. Utrecht University Press. pp. 123–146. ISBN 9789039363072.
^ Wordsworth, Sam (2013). "Some Thoughts on Applicable Law and Interpretation". Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012). Brill. p. 56. ISBN 9789004260207.
^ Haslehner, Werner (2016). "Nationality Non-Discrimination and Article 24 OECD - Perennial Issues, Recent Trends". Nationality Non-Discrimination and Article 24 OECD - Perennial Issues, Recent Trends and New Approaches. IBFD. ISBN 978-90-8722-378-6.
^ Grundler, Maja (2021). 'Treatment Accorded to Aliens Generally': Article 7(1) of the 1951 Refugee Convention as a Basis for Visa-Free Access to States Parties' Territory? An Examination of the Prohibition of Nationality Discrimination in the Refugee Convention. Vol. 33. pp. 469–496. doi:10.1093/ijrl/eeac003. {{cite book}}: |journal= ignored (help)
^ Yang, Chih-Hai; Lin, Hsuan-Yu (2012). Is There Salary Discrimination by Nationality in the NBA?: Foreign Talent or Foreign Market. Vol. 13. pp. 53–75. doi:10.1177/1527002510391617. S2CID 155033433. {{cite book}}: |work= ignored (help)
^ ^a ^b Ellermann, Antje; Goenaga, Agustín (2019). "Discrimination and Policies of Immigrant Selection in Liberal States". Politics & Society. 47 (1): 87–116. doi:10.1177/0032329218820870. S2CID 159178544.
^ Sharma, Nandita (2006). "Global apartheid and nation-statehood: Instituting border regimes". Nationalism and Global Solidarities. Routledge. p. 72. ISBN 9780203085981.
^ Davies, Gareth (2005). "'Any Place I Hang My Hat?' or: Residence is the New Nationality". European Law Journal. 11 (1): 43–56. doi:10.1111/j.1468-0386.2005.00248.x.

v t e Discrimination
Forms	Institutional Structural Statistical Taste-based
Attributes	Age Caste Class Dialect Disability Genetic Hair texture Height Language Looks Mental disorder Race / Ethnicity Skin color Scientific racism Rank Sex Sexual orientation Species Size Viewpoint
Social	Arophobia Acephobia Adultism Anti-albinism Anti-autism Anti-homelessness Anti-drug addicts Anti-intellectualism Anti-intersex Anti-left handedness Anti-Masonry Aporophobia Audism Biphobia Clannism Elitism Ephebiphobia Social determinants of health Social determinants of health in poverty Social determinants of mental health Fatphobia Gayphobia Gerontophobia Heterosexism HIV/AIDS stigma Homophobia Leprosy stigma Lesbophobia Discrimination against men Misandry Misogyny Nepotism Pedophobia Perpetual foreigner Pregnancy Sectarianism Supremacism White Male Transphobia Non-binary Transmisogyny Trans men Vegaphobia Xenophobia
Religious	Atheism Exclusivism Baháʼí Faith Buddhism Christianity Persecution Catholicism Eastern Orthodoxy Jehovah's Witnesses LDS or Mormon post–Cold War era Falun Gong Hinduism Persecution Untouchability Islam Persecution Ahmadiyya Shi'ism Sufism Sunnism minority Muslim Judaism Persecution Neopaganism Protestantism Rastafari Sikhism Yazidism Zoroastrianism
Ethnic/National	Afghan African Albanian Arab Armenian Asian France South Africa United States Assyrian Azerbaijani Black people African Americans China South Africa Bengali Bulgarian Catalan Chechen Chinese Colombian Croat Filipino Fulani Finnish Georgian Greek Haitian Hazara Hungarian Igbo Indian Indigenous people Australia Canada United States Irish Italian Japanese Jewish Antisemitism New Korean Kurdish Lithuanian Malay Māori Mexican Middle Eastern Mongolian Nigerian Pakistani Palestinians Pashtun Polish Quebec Romani Romanian Scottish Serb Slavic Somali Tatar Thai Turkish Ukrainian Uyghur Venezuelan Vietnamese Welsh
Manifestations	Anti-LGBTQ rhetoric SPLC-designated list of anti-LGBTQ hate groups Anti-LGBTQ movemenet in the US Anti-trans movement in the UK Anti-Zionism Blood libel Bullying Cancel culture Capital punishment for homosexuality Compulsory sterilization Corrective rape Counter-jihad Cultural genocide Defamation Democide Disability hate crime Dog whistle Domicide Economic Education Employment Eliminationism Enemy of the people Ethnic cleansing Ethnic conflict Ethnic hatred Ethnic joke Ethnocide Excellence Forced conversion Freak show Gay bashing Gendercide Genital modification and mutilation Genocide examples Glass ceiling Hate crime LGBTQ Hate group Hate speech Homeless dumping Housing Indian rolling Kill Haole Day Lavender scare LGBTQ grooming conspiracy theory List of people killed for being transgender Lynching Mortgage Murder music Native American mascots Occupational segregation Opposition to immigration Persecution Pogrom Political repression Purge Racialization Religious persecution Religious terrorism Religious violence Religious war Scapegoating Segregation academy Sexual harassment Sex-selective abortion Slut-shaming Trans bashing Victimisation Violence against women White flight White genocide conspiracy theory Wife selling Witch hunt
Discriminatory policies	Age of candidacy Blood purity Blood quantum Crime of apartheid Disabilities Catholic Jewish Gender pay gap Gender roles Gerontocracy Gerrymandering Ghetto benches Internment Jewish quota Law for Protection of the Nation MSM blood donation restrictions No kid zone Numerus clausus (as religious or racial quota) One-drop rule Racial quota Racial segregation Jim Crow laws Nuremberg Laws Racial steering Redlining Same-sex marriage (laws and issues prohibiting) Segregation age racial religious sexual Social exclusion Sodomy law State atheism State religion Ugly law Voter suppression
Countermeasures	Affirmative action Anti-discrimination law Anti-racism Constitutional colorblindness Cultural assimilation Cultural pluralism Diversity, equity, and inclusion Diversity training Empowerment Fat acceptance movement Feminism Fighting Discrimination Hate speech laws by country Human rights Intersex human rights LGBT rights Nonviolence Racial integration Reappropriation Self-determination Social integration Toleration
Related topics	Allophilia Amatonormativity Bias Cisnormativity Civil liberties Dehumanization Diversity Multiculturalism Neurodiversity Ethnic penalty Figleaf Gender-blind Heteronormativity Historical eugenics Internalized oppression Intersectionality Masculism Medical model of disability autism Net bias Oikophobia Oppression Police brutality Political correctness Polyculturalism Power distance Prejudice Prisoner abuse Racial bias in criminal news in the United States Racism by country Racial color blindness Religious intolerance Reverse discrimination Reverse racism Second-generation gender bias Snobbery Social exclusion Social identity threat Social model of disability Social privilege Christian male white Social stigma Speciesism Stereotype threat The talk
Category Commons

Discrimination based on nationality

Treaties

Labor market

Migration law

See also

References

Further reading