Do Foreigners Have Rights ?

François Crépeau
Professor of International Law
Canada Research Chair in International Migration Law
Scientific Director, Centre for International Studies
(CÉRIUM)
University of Montreal

This is a paradoxical situation. We have set up an impressive system for protecting human rights and fundamental freedoms for all, in domestic and international law. Our courts address Charter issues daily, and international jurisdictions, such as the UN Committee against Torture, the European Court of Human Rights or the Inter-American Court of Human Rights, have developed sophisticated jurisprudence. The rights of women, of Aboriginals, of gays and lesbians have made considerable progress. At the same time, the rights of foreigners are being eroded. Before 9/11, the fight against irregular migrations had driven governments to reduce their procedural rights. Since 9/11, immigration issues are part of the national security agenda, which results in a treatment of foreigners that we would never accept for ‘ourselves’.

Professor François Crépeau is a member of the Science Commission of the Canadian Commission for UNESCO and heads the collection “Globalisation & International Law” with Bruylant Publications (Belgium). His research fields are : the policies for the control of irregular migration ; international migration cooperation ; the fundamental rights of foreigners in the post 9/11 era ; and the refugee status determination system. A member of the Quebec Bar, he holds degrees from McGill (BCL/LLB 1982), Bordeaux I (LLM 1982), Paris II (DEA1985) and Paris I (DEA 1984, LLD 1990). Dr Crépeau has been guest professor or guest lecturer at : York University, Université Catholique de Louvain, University of Oxford, Université d’Auvergne-Clermont 1, Fondazione Internazionale Lelio Basso, Fondation nationale des sciences politiques, Institut international des droits de l’homme - United Nations High Commissioner for Refugees, Université de Paris II.

Download the lecture The Foreigner and the Right to Justice in the Aftermath of September 11th.