SOLVING STATELESSNESS that it is often unquestioningly assumed that States are justified in withholding rights from certain non-citizens, including stateless persons. However, the correct starting pointas a matter ofinternational human rights law is that, in general, human rights apply to everyone, “irrespective of his or her nationality or statelessness”.*° Any deviation from this principle is to be seen as an exception. Such exceptions do exist. For example, the principle of progressive realisation allows developing countries to limit the enjoyment of economic rights by non-nationals in certain circumstances.** Furthermore, law allows differential treatment between nationals under limited conditions where that treatment pursuit of a legitimate aim and is in accordance of proportionality.*> Political rights, including the international and non-nationals is justified by the with the principle right to vote and stand for election, can also be restricted to citizens.*° However, such restrictions “must be construed so as to avoid undermining the basic prohibition of discrimination”,*’ and “the ground of nationality should not bar access to [...] rights |... which] apply to everyone including nonnationals, such as [...] stateless persons”.°® According to the equality framework, any attempt to discriminate between nationals and nonnationals must be strictly scrutinised. 33 34 35 3° 37, 38 has emerged. See, for example, the judgment of Chief Justice Warren in the landmark case USA Supreme Court, Trop v. Dulles, 356 US 86, 31 March 1958, 101-102; See also, C. Batchelor, “Statelessness and the Problem of Resolving Nationality Status”, International Journal of Refugee Law 1998, 10(1-2), p. 159; and G.R. de Groot, A Clarification of the Fundamental Rights Implications of Stateless and Persons Erased from the Register of Residents, Directorate General Internal Policies of the Union, European Parliament 2007. Human Rights Committee, General Comment No. 15: The position of aliens under the Covenant, 11 April 1986, HRI/GEN/1/Rev.6. The Committee was referring to the rights set forth in the ICCPR, but the principle applies equally to the rights set forth in other international and regional human rights treaties. ICESCR, supra n29, Art. 2(3). Office of the High Commissioner for Human Rights, The Rights of non-Citizens, 2006. ICCPR, supra n28, Art. 25. Committee on the Elimination of Racial Discrimination, General Recommendation No. 30: Discrimination Against Non Citizens, 19 August 2004, CERD/C/64/Misc.11/rev.3, para. 2. Committee on Economic, Social and Cultural Rights, General Comment No. 20: Non-Discrimination in Economic, Social and Cultural Rights (Article 2, Para 2 of the International Covenant on Economic, Social and Cultural Rights), 25 May 2009, E/C.12/GC/20, para. 30. 109