The Right To Have Rights

Author: Alison Kesby
Publisher: Oxford University Press
ISBN: 0199600821
Size: 24.52 MB
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Is it citizenship of a state or status as a human being that confers human rights on a person? If a person is stateless, how, and in what way, do human rights still apply to them? This book addresses these questions in the context of international human rights law and the notion of the 'right to have rights'.

The Right To Have Rights

Author: Stephanie DeGooyer
Publisher: Verso Books
ISBN: 1784787531
Size: 66.14 MB
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Five leading thinkers on the concept of ‘rights’ in an era of rightlessness 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 center 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.

The Human Right To Citizenship

Author: Rhoda E. Howard-Hassmann
Publisher: University of Pennsylvania Press
ISBN: 0812247175
Size: 44.97 MB
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In principle, no human individual should be rendered stateless: the Universal Declaration of Human Rights stipulates that the right to have or change citizenship cannot be denied. In practice, the legal claim of citizenship is a slippery concept that can be manipulated to serve state interests. On a spectrum from those who enjoy the legal and social benefits of citizenship to those whose right to nationality is outright refused, people with many kinds of status live in various degrees of precariousness within states that cannot or will not protect them. These include documented and undocumented migrants as well as conventional refugees and asylum seekers living in various degrees of uncertainty. Vulnerable populations such as ethnic minorities and women and children may find that de jure citizenship rights are undermined by de facto restrictions on their access, mobility, or security. The Human Right to Citizenship provides an accessible overview of citizenship regimes around the globe, focusing on empirical cases of denied or weakened legal rights. Exploring the legal and social implications of specific national contexts, contributors examine the status of labor migrants in the United States and Canada, the changing definition of citizenship in Nigeria, Germany, India, and Brazil, and the rights of ethnic groups including Palestinians, Rohingya refugees in Bangladesh, Bangladeshi migrants to India, and Roma in Europe. Other chapters consider children's rights to citizenship, multiple citizenships, and unwanted citizenships. With a broad geographical scope, this volume provides a wide-ranging theoretical and legal framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century. Contributors: Michal Baer, Kristy A. Belton, Jacqueline Bhabha, Thomas Faist, Jenna Hennebry, Nancy Hiemstra, Rhoda E. Howard-Hassmann, Audrey Macklin, Margareta Matache, Janet McLaughlin, Carolina Moulin, Alison Mountz, Helen O'Nions, Chidi Anselm Odinkalu, Sujata Ramachandran, Kim Rygiel, Nasir Uddin, Margaret Walton-Roberts, David S. Weissbrodt.

Rightlessness In An Age Of Rights

Author: Ayten Gündogdu
Publisher: OUP Us
ISBN: 0199370427
Size: 67.79 MB
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"Human rights promise equal personhood regardless of citizenship status, yet their existing formulations are tied to the principle of territorial sovereignty. This situation leaves various categories of migrants in a condition of "rightlessness," with a very precarious legal, political, and human standing. Gündogdu examines this problem in the context of immigration detention, deportation, and refugee camps. Critical of the existing system of human rights without seeing it as a dead end, she argues for the need to pay closer attention to the political practices of migrants who challenge their condition of rightlessness and propose new understandings of human rights. What arises from this critical reflection on human rights is also a novel reading of Arendt, one that offers refreshing insights into various dimensions of her political thought, including her account of the human condition, "the social question," and "the right to have rights." " --

Human Rights Or Citizenship

Author: Paulina Tambakaki
Publisher: CRC Press
ISBN: 1134017618
Size: 62.80 MB
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While human rights have been enjoying unprecedented salience, the concept of the citizen has been significantly challenged. Rising ethical concerns, the calling into question of state sovereignty, and the consolidation of the human rights regime, have all contributed to a shift in focus: from an exclusionary, problematic citizenship to human rights. Human Rights or Citizenship? examines this shift and explores its implications for democracy. In an accessible way, the book explores the arguments within contemporary democratic theory that privilege law and legally codified human rights over citizenship; questioning whether legalism alone could lead us to a better, more equitable politics. Does the prioritisation of law and legally codified human rights risk depoliticisation? Do human rights always contest relations of power and subordination? Addressing these questions, Human Rights or Citizenship? opens a debate about the role of citizenship and human rights in democracy. It will be invaluable reading for anyone interested in democratic politics today.

Nationality And Statelessness Under International Law

Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 1316062406
Size: 56.51 MB
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Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Dignity In Adversity

Author: Seyla Benhabib
Publisher: John Wiley & Sons
ISBN: 0745659713
Size: 28.25 MB
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The language of human rights has become the public vocabulary of our contemporary world. Ironically, as the political influence of human rights has grown, their philosophical justification has become ever more controversial. Building on a theory of discourse ethics and communicative rationality, this book addresses the politics and philosophy of human rights against the background of the broader social transformations that are shaping the modern world. Rejecting the reduction of international human rights to the Trojan horse of a neo-liberal empire's bid for world power, as well as the conservative objections to legal cosmopolitanism as encroachments upon democratic sovereignty, Benhabib develops two key concepts to move beyond these false antitheses. International human rights norms need contextualization in specific polities through processes of what she calls 'democratic iterations.' Furthermore, such norms have a 'jurisgenerative power,' in that they enable new actors to enter fields of social and political contestation; they promote new vocabularies for public claim-making and anticipate a justice to come. Ranging over themes such as sovereignty, citizenship, genocide, European anti-semitism, the crisis of the nation-state, and the 'scarf affair' in contemporary Europe and Turkey, this major new book by one of our leading political theorists reflects upon the political transformations of our times and makes a compelling case for a cosmopolitanism without illusions.

Human Security And Human Rights Under International Law

Author: Dorothy Estrada-Tanck
Publisher: Bloomsbury Publishing
ISBN: 1509902376
Size: 19.49 MB
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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

Citizens Rights And The Right To Be A Citizen

Author: Ernst Hirsch Ballin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004223207
Size: 36.92 MB
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Citizens’ rights are the essential connecting link between human rights and life in a democratic society. The right to be a citizen can bridge the gap between the universality of human rights and the changing political and social settings of people’s lives.

The Human Rights Of Non Citizens

Author: David S. Weissbrodt
Publisher: Oxford University Press, USA
ISBN: 0199547823
Size: 59.98 MB
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Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.