tilburg law review 19 (2014) 127-135
brill.com/tilr
Statelessness as a Lack of Functioning Citizenship
Lindsey N. Kingston
Assistant Professor, International Human Rights and Director, Institute for
Human Rights and Humanitarian Studies, Webster University
Saint Louis, Missouri
lkingston54@webster.edu
Abstract
Central to the issue of statelessness is the concept of ‘functioning citizenship’, which
requires an active and mutually-beneficial relationship between the state and the individual. This relationship is essential for the protection and promotion of international
human rights. In cases of both de facto and de jure statelessness, however, this robust
form of political membership is limited or missing entirely. Expanding on Elizabeth
F. Cohen’s concept of ‘semi-citizenship’, this article contends that membership exists
along a spectrum and requires not only the granting of formal citizenship, but also
attention to the functionality of that relationship. Government-sponsored identities
will continue to be important prerequisites for rights protection within the modern
‘society of states’, but truly functioning citizenship requires us to expand our understandings of responsibility and membership. The international community must critically examine the ways that individuals are recognized as worthy of human rights.
Keywords
statelessness – functioning citizenship – human rights – semi-citizenship – political
membership
1
Introduction
Functioning citizenship requires an active and mutually-beneficial relationship between the state and the individual. It signifies membership in a political
community, in which citizens support their government in various ways
while enjoying the protections and services associated with their privileged
© koninklijke brill nv, leiden, 2014 | doi 10.1163/22112596-01902013