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naturalization rules of Costa Rica were not found to be discriminatory in placing less vigorous
requirements for naturalization on Central Americans, Ibero-Americans and Spaniards since
they objectively share much closer historical, cultural and spiritual bonds with the people of
Costa Rica. The existence of these bonds permits the assumption that these individuals will be
more easily assimilated within the national community and identify more readily with the
traditional beliefs, values and institutions which the State has the right and duty to preserve.17
C. Citizenship and the enjoyment of human rights and fundamental freedoms
38. According to the Charter of the United Nations, the Universal Bill of Rights, core
international human rights conventions including, for example, the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families and regional
human rights instruments, everyone is entitled to the enjoyment of all rights and freedoms,
without distinction of any kind, including national origin, birth or other status.18
39. The Human Rights Committee, in its general comment No. 15 on the position of aliens
under the Covenant, provides that the rights set forth in the International Covenant on Civil and
Political Rights apply, in general, to everyone irrespective of reciprocity, and irrespective of
nationality or statelessness; each one of the listed rights must be guaranteed without
discrimination between citizens and non-citizens, since non-citizens are protected by the general
requirement of non-discrimination. Exceptions to this general rule mainly concern rights relevant
to political participation and freedom of movement. Article 25 of the Covenant makes specific
reference to “every citizen” in relation to the rights to take part in the conduct of public affairs, to
vote and be elected and to have access to public service.19 Also, the Covenant does not recognize
a right to aliens to enter or permanently reside in a country. States may make a determination in
that regard. The Covenant only secures the right to freedom of movement for those lawfully
within the States’ territory. However, the right to leave a country is secured for everyone.
40. With regard to economic and social rights, the International Covenant on Economic, Social
and Cultural Rights provides in article 2 (3) that developing countries, with due regard to human
rights and their national economy, may determine to what extent they would guarantee the
economic rights recognized in the Covenant to non-nationals. Reference to “due regard to human
rights” must be interpreted to secure that this discretion in not applied discriminatorily and
therefore may not disproportionately affect certain non-national minorities. Additionally, it must
17
See Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica,
para. 60.
18
See article 2 of the Universal Declaration, articles 2 of the International Covenant on
Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights,
article 1 of the European and the American Conventions and article 2 of the African Commission
on Human and Peoples’ Rights.
19
It is interesting to note that the Universal Declaration does not refer to “citizens” in article 21
on political participation.