The relationship of citizenship and human rights has become a central issue for contemporary politics. This chapter begins with a brief overview of theories of human rights, before addressing two pivotal topics for this relationship: a human right to citizenship (as membership of a state) and a human right to democracy. It then turns to consider the practical salience of the international human rights regime for citizenship and human rights, before concluding with a discussion of the relationship of human rights as cosmopolitan norms to the principle of the self-determination of peoples.
This chapter traces the development of citizenship in immigrant-receiving states, comparing the Gulf States in the Middle East with the Western states of Europe and North America. In particular, I juxtapose these states` opposite responses to the fact of immigration, which is exclusion in the Gulf and inclusion in the West. These opposite responses articulate a structural ambivalence of citizenship, which is to be inclusive to the inside but exclusive to the outside. Among the factors conditioning inclusive or exclusive outcomes are the liberal-democratic features of Western states and the autocratic and rentier character of Gulf States.
This chapter sketches out a compromise between broad and narrow understandings of transnationalism to examine a broad set of relationships within a narrowly defined context. The relationships involve both state institutions and non-state expressions of belonging and both established and potential members. The context is explicitly extra-territorial, examining how these relationships change when individuals are absent from the territory of citizenship. The chapter argues that extra-territorial citizenship is a normative development in citizenship that will have lasting impact, providing a challenge to the ongoing territorial bias in citizenship studies and to territorial understandings of state sovereignty. Yet a narrow understanding of citizenship, as the extension of formal rights to extraterritorial citizens, is likely to fade away in practice. In contrast, a broader understanding of citizenship as a form of transnational engagement is flourishing. As citizenship responds to greater mobility this must become a more central element of citizenship studies.
Elizabeth S. Anker
Debates about human rights in many ways represent one of the original sites of law and the humanities. This chapter canvasses the different ways that humanistically minded thinkers have understood rights, both today and over history. On the one hand, human rights have been the target of sustained critique, as scholars have probed their many errors and limits. But on the other, different humanists have instead affirmed rights, seeing them as enabled by the same openings and indeterminacies that are broadly constitutive of democracy. Attention to the limits of rights has also brokered that embrace. By exploring these competing responses to human rights, this chapter construes those disputes as a referendum on larger ideas about law and legality that inform law and the humanities. Analyzing human rights has therefore often seemed to fulfill an almost autobiographical function for thinkers across a number of humanities disciplines, meaning that the status of human rights can tell us a lot about received accounts of the value of the humanities.
The social changes brought about by the deployment of information technologies are wide-ranging and fundamental. A human rights analysis of such technologically driven changes shows how they implicate significant opportunities as well as risks. The chapter argues that human rights are a core aspect of regulating such technologies, particularly as human rights provide a unifying purposive perspective for diverse technologies and deployment contexts. To this end, the chapter examines how the opportunities and risks of information technologies affect and relate to the fundamental values of freedom, dignity, and equality, as well as specific human rights, such as privacy or freedom of expression.
This chapter explores the relationship between citizenship and refugeehood. In particular, it examines the extent to which loss of meaningful citizenship defines the predicament of the refugee. It then examines the status of refugee and refugee rights. Thirdly, it considers how refugeehood comes to an end, in particular the role of citizenship (new or restored) in ending refugeehood. Citizenship is formally viewed as bringing refugeehood to an end, whether that emerges as return to the home country or naturalisation in a new state. However, in practice, a new citizenship for many refugees remains out of reach, and the status of refugee often becomes an intergenerational carrier of civic and social exclusion. The reflects the realities of refugee containment, in contrast to the vision of shared responsibility that underpins the 1951 Convention on the Status of Refugees and the refugee regime.
EU equality law is destined to regulate and transform societal habits in the pursuit of greater equality among the people of Europe. This ambitious policy objective is matched by ancient as well as modern competences. EU equality law is thus marked by its growing personal and substantive scope, the broad definition of the key legal concepts, and a set of precise rules to ensure its efficiency. This chapter identifies analytical tools for the understanding of this complex field, torn as it is between the dynamics of an advanced fundamental rights policy and the constraints of EU law making on social matters.