A/HRC/7/23 page 13 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.

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