Nationality and social rights

Social rights are, to all effects, ‘human rights’ and as such they should be equally enjoyed by every human being. International law, however, does not prevent states from differentiating between nationals and non- nationals, nor among different categories of non- nationals, provided that differential treatments are based on reasonable and objective criteria. The need to maintain control over immigration fluxes, the opportunity to reserve ‘resource- hungry’ social benefits to those who have significantly contributed to funding them or who have a stronger link with the social fabric, and the will to thwart illegal immigration may all constitute reasonable basis for differentiation. The principle of proportionality, however, calls on the state to restrict the rights of non- nationals only to the extent strictly necessary to achieve these legitimate goals. Limitations upon social rights, moreover, should never jeopardize the enjoyment of other underogable human rights, such as the right to life or the prohibition of torture.