PART 2.1 national laws. However, it is important that, when taking the corresponding measures, States should respect human rights and ensure their exercise and enjoyment to all persons who are in their territory, without any discrimination owing to their regular or irregular residence, or their nationality, race, gender or any other reason. sub-section, certain categories of non-citizens, such as stateless persons, migrant workers, asylum-seekers, refugees and children, will be entitled to additional, status-related protection.81 In short, it is clear that the fundamental rights likely to be of most relevance to the trafficked person cannot be denied to them solely on the basis of their status as aliens or non-citizens. Consequently, States may not discriminate or tolerate discriminatory situations that prejudice migrants. However, the State may grant a distinct treatment to documented migrants with respect to undocumented migrants, or between migrants and nationals, provided that this differential treatment is reasonable, objective, proportionate and does not harm human rights. For example, distinctions may be made between migrants and nationals regarding ownership of some political rights.79 If the State does distinguish between the rights it grants to trafficked persons (either specifically or indirectly in relation to their immigration or other status) and the protections it provides to others, then such a distinction must be reasonably justifiable. Any exceptions or exclusions must serve a legitimate State objective and be proportional to the achievement of that objective. A distinction or exclusion that materially harms the human rights of the individual concerned is unlikely to be justifiable. Under no circumstances would a State be able validly to exclude any non-citizens from protection of the core rights identified above.82 By way of conclusion, it is possible to point to a general consensus on the applicability of core human rights to non-citizens. These rights include (but may well not be limited to) the right to life, liberty and security of person; liberty of movement including the right to return to one’s own country; protection from refoulement; protection from arbitrary expulsion; freedom of thought, conscience and religion; the right to privacy; the right to recognition and equal protection before the law; the right not to be discriminated against on the basis of race, sex, language, religion or any other prohibited ground; and the right to health, education and housing.80 As noted in the introduction to this Juridical Conditions and Rights of Undocumented Migrants, Advisory Opinion OC-18/03 of 17 September 2003, Inter-American Court of Human Rights (Ser. A) No. 18 (2003), paras. 118-119 [hereinafter: Undocumented Migrants Case]. 79 This list is drawn from the various reports of the Special Rapporteur on the rights of non-citizens, David Weissbrodt (E/CN.4/Sub.2/2003/23 and Add.1-4; E/CN.4/ Sub.2/2002/25 and Add.1-3; E/CN.4/Sub.2/2001/20 80 60 1.4. HUMAN RIGHTS APPLICABLE TO SPECIAL GROUPS OF TRAFFICKED PERSONS International human rights law recognizes that certain groups require additional or special and Add.1); as well as from a distillation of the findings of those reports published in The Rights of Non-citizens, especially pages 15-26. 81 See further The Rights of Non-citizens, pp. 28-34. See further “Prevention of discrimination: the rights of non-citizens: Final Report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with SubCommission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283” (E/CN.4/Sub.2/2003/23). See also Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live, especially articles 5 and 6, which spell out the basic rights to which non-nationals are entitled. 82 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING