Statelessness As A Lack Of Functioning Citizenship
135
the society. All three of these approaches extend membership beyond formal
citizenship and base status on values of autonomy, democracy, and community. Importantly, such alternative approaches to membership extend the
social goods of voice (freedom of expression and political participation) and
security (security of residence or presence in a state) – rights that are often
limited or denied entirely to non-citizens.23 These approaches ensure a functioning level of membership, even in cases where an individual has not attained
legal nationality to a state.
Ultimately the human rights implications of statelessness are not neces
sarily a sole result of legal status, but rather center on the functionality of
citizenship – better understood as membership. All individuals require recognition by the international community as a full person worthy of human rights.
Traditionally we have understood that recognition through the status of citizenship; an individual is recognized as fully human by a government, either
through birthright citizenship or naturalization, and the state’s status within
the international community is conferred upon its citizens. That status is only
valuable if one’s relationship with the state is fully functioning – that is, if the
citizen is able to access government protections ensured by the social contract.
Both the de facto and de jure stateless would be better served if we expanded
our understanding of functioning citizenship, however, to more critically consider the process of recognizing claimants of human rights. If rights are indeed
universal and inalienable, then our reliance on legal nationality is not only
inefficient – it directly violates the foundational norms that established human
rights in the first place.
23
Matthew J. Gibney, ‘The rights of non-citizens to membership,’ in Caroline Sawyer and
Brad K. Blitz (eds), Statelessness in the European Union: Displaced, Undocumented,
Unwanted (CUP 2011) 58-67; 43.
tilburg law review 19 (2014) 127-135
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