Statelessness And Right To Have Rights Importance Of Citizenship In Protecting Human Rights Of Stateless Communities

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Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities

Arshi Aggarwal
Statelessness and right to have rights Importance of citizenship in protecting human rights of stateless communities Book PDF

Author : Arshi Aggarwal
Publisher : GRIN Verlag
Page : 48 pages
File Size : 45,5 Mb
Release : 2014-12-23
Category : Law
ISBN : 9783656866510

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Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities by Arshi Aggarwal Pdf

Thesis (M.A.) from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual ‘who is not considered as a national by any State under the operation of its law’. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only ‘citizens’ are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a ‘right to have rights’ or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations’ response to such situations and potency of current legal framework for the protection of stateless individuals.

Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities

Arshi Aggarwal
Statelessness and Right to Have Rights Importance of Citizenship in Protecting Human Rights of Stateless Communities Book PDF

Author : Arshi Aggarwal
Publisher : Unknown
Page : 48 pages
File Size : 48,8 Mb
Release : 2015-01-20
Category : Electronic
ISBN : 365686652X

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Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities by Arshi Aggarwal Pdf

Thesis (M.A.) from the year 2014 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual 'who is not considered as a national by any State under the operation of its law'. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only 'citizens' are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a 'right to have rights' or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations' response to such situations and potency of current legal framework for the protection of stateless individuals.

Statelessness and Citizenship

Brad K. Blitz,Maureen Lynch
Statelessness and Citizenship Book PDF

Author : Brad K. Blitz,Maureen Lynch
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 47,9 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9781849808996

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Statelessness and Citizenship by Brad K. Blitz,Maureen Lynch Pdf

'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.

The Right to Have Rights

Alison Kesby
The Right to Have Rights Book PDF

Author : Alison Kesby
Publisher : OUP Oxford
Page : 192 pages
File Size : 52,5 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780191627798

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The Right to Have Rights by Alison Kesby Pdf

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.

The Right to Have Rights

Stephanie DeGooyer,Samuel Moyn,Alastair Hunt,Astra Taylor
The Right to Have Rights Book PDF

Author : Stephanie DeGooyer,Samuel Moyn,Alastair Hunt,Astra Taylor
Publisher : Verso Books
Page : 136 pages
File Size : 50,6 Mb
Release : 2018-02-13
Category : Political Science
ISBN : 9781784787523

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The Right to Have Rights by Stephanie DeGooyer,Samuel Moyn,Alastair Hunt,Astra Taylor Pdf

Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.

Nationality and Statelessness under International Law

Alice Edwards,Laura van Waas
Nationality and Statelessness under International Law Book PDF

Author : Alice Edwards,Laura van Waas
Publisher : Cambridge University Press
Page : 325 pages
File Size : 41,8 Mb
Release : 2014-09-18
Category : Law
ISBN : 9781107032446

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Nationality and Statelessness under International Law by Alice Edwards,Laura van Waas Pdf

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

The Human Right to Citizenship

Rhoda E. Howard-Hassmann,Margaret Walton-Roberts
The Human Right to Citizenship Book PDF

Author : Rhoda E. Howard-Hassmann,Margaret Walton-Roberts
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 50,9 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780812247176

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The Human Right to Citizenship by Rhoda E. Howard-Hassmann,Margaret Walton-Roberts Pdf

The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.

The World's Stateless

Institute on Statelessness and Inclusion
The World s Stateless Book PDF

Author : Institute on Statelessness and Inclusion
Publisher : Unknown
Page : 552 pages
File Size : 45,6 Mb
Release : 2017
Category : Law
ISBN : 9462403651

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The World's Stateless by Institute on Statelessness and Inclusion Pdf

Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness

Statelessness, governance, and the problem of citizenship

Tendayi Bloom,Lindsey N. Kingston
Statelessness governance and the problem of citizenship Book PDF

Author : Tendayi Bloom,Lindsey N. Kingston
Publisher : Manchester University Press
Page : 552 pages
File Size : 52,8 Mb
Release : 2021-10-12
Category : Law
ISBN : 9781526156402

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Statelessness, governance, and the problem of citizenship by Tendayi Bloom,Lindsey N. Kingston Pdf

When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.

FULLY HUMAN

Lindsey N. Kingston
FULLY HUMAN Book PDF

Author : Lindsey N. Kingston
Publisher : Oxford University Press
Page : 313 pages
File Size : 40,5 Mb
Release : 2019-03-06
Category : Political Science
ISBN : 9780190918286

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FULLY HUMAN by Lindsey N. Kingston Pdf

Citizenship within our current international system signifies being fully human, or being worthy of fundamental human rights. For some vulnerable groups, however, this form of political membership is limited or missing entirely, and they face human rights challenges despite a prevalence of international human rights law. These protection gaps are central to hierarchies of personhood, or inequalities that render some people more "worthy" than others for protections and political membership. As a remedy, Lindsey N. Kingston proposes the ideal of "functioning citizenship," which requires an active and mutually-beneficial relationship between the state and the individual and necessitates the opening of political space for those who cannot be neatly categorized. It signifies membership in a political community, in which citizens support their government while enjoying the protections and services associated with their privileged legal status. At the same time, an inclusive understanding of functioning citizenship also acknowledges that political membership cannot always be limited by the borders of the state or proven with a passport. Fully Human builds its theory by looking at several hierarchies of personhood, from the stateless to the forcibly displaced, migrants, nomadic peoples, indigenous nations, and "second class" citizens in the United States. It challenges the binary between citizen and noncitizen, arguing that rights are routinely violated in the space between the two. By recognizing these realities, we uncover limitations built into our current international system--but also begin to envision a path toward the realization of human rights norms founded on universality and inalienability. The ideal of functioning citizenship acknowledges the persistent power of the state, yet it does not rely solely on traditional conceptions of citizenship that have proven too flawed and limited for securing true rights protection.

Protecting Stateless Persons

Katia Bianchini
Protecting Stateless Persons Book PDF

Author : Katia Bianchini
Publisher : BRILL
Page : 391 pages
File Size : 49,9 Mb
Release : 2018-04-05
Category : Law
ISBN : 9789004362901

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Protecting Stateless Persons by Katia Bianchini Pdf

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers a study of legislation, case-law and decision-making concerning the protection of stateless persons in ten EU Member States.

Statelessness

Mira L. Siegelberg
Statelessness Book PDF

Author : Mira L. Siegelberg
Publisher : Harvard University Press
Page : 329 pages
File Size : 47,6 Mb
Release : 2020-10-06
Category : History
ISBN : 9780674240513

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Statelessness by Mira L. Siegelberg Pdf

The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

Citizens' Rights and the Right to Be a Citizen

Ernst Hirsch Ballin
Citizens Rights and the Right to Be a Citizen Book PDF

Author : Ernst Hirsch Ballin
Publisher : Martinus Nijhoff Publishers
Page : 178 pages
File Size : 42,6 Mb
Release : 2014-01-23
Category : Law
ISBN : 9789004223202

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Citizens' Rights and the Right to Be a Citizen by Ernst Hirsch Ballin Pdf

Ernst Hirsch Ballin discusses the significance of citizens’ rights against the backdrop of ongoing migration and urbanization in the beginning of the 21st century. The traditional view that each state has the sovereign power to give or withhold citizenship, puts the full enjoyment of human rights at risk whenever exclusion is based on differences in nationality. Citizens’ rights are the essential connecting link between human rights and life in a democratic society. Citizens have an individual right, as a citizen, to take part in the democratic process and in the structures of solidarity of the state where they are effectively at home. By recognizing everyone’s right to the citizenship of the state in which they can make these rights a reality, citizens’ rights can bridge the gap between the universality of human rights and the changing political and social settings of people’s lives. Limits on dual citizenship are counterproductive, European citizenship paves the way for transnational citizenship. "Hirsch Ballin's book is very important for academics and practitioners in the field of citizenship. It embraces the complexity of citizenship with all its academic, practical and emotional meanings. Hopefully, Hirsch Ballin's work can serve as a compass for new directions in immigration and naturalisation debates." Katja Swider in: Journal of European Integration, Vol 38. nr. 4, 2016

The People in Question

Jo Shaw
The People in Question Book PDF

Author : Jo Shaw
Publisher : Policy Press
Page : 336 pages
File Size : 53,8 Mb
Release : 2021-10-13
Category : Law
ISBN : 9781529210422

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The People in Question by Jo Shaw Pdf

Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.

The Human Right to Citizenship

Barbara von Rütte
The Human Right to Citizenship Book PDF

Author : Barbara von Rütte
Publisher : BRILL
Page : 477 pages
File Size : 53,9 Mb
Release : 2022-12-28
Category : Law
ISBN : 9789004517523

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The Human Right to Citizenship by Barbara von Rütte Pdf

The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.