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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