Constitutional protections in an era of increased migration: evidence from 193 countries

Abstract

This article examines how 193 constitutions address foreign citizens' and stateless persons' rights. As of May 2014, 24% of constitutions protected foreign citizens from discrimination; 17% guaranteed equal educational access, 15% granted equal employment and health rights and 12% guaranteed all of the civil rights we examined to foreign citizens. Stateless persons' rights were less commonly protected. Guarantees of non-citizens' rights peaked among constitutions adopted during the 1990s. Constitutional protections of non-citizens were most common in Europe and Central Asia and absent in South Asia and the Middle East and North Africa. Several constitutions also restricted or denied non-citizens’ rights.

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