Netherlands International Law Review (2018) 65:299–317
https://doi.org/10.1007/s40802-018-0116-7
ARTICLE
On the Right to Have Nationality Rights: Statelessness,
Citizenship and Human Rights
David Owen1
Published online: 30 November 2018
© The Author(s) 2018
Abstract
This article considers contemporary predicaments of nationality rights against the
background of reflection on Arendt’s phrase ‘the right to have rights’. Addressing
the right to a nationality, the right not to be arbitrarily deprived of one’s nationality, the right to change one’s nationality and the right to naturalize, it argues that
Arendt’s concerns remain live ones for us and indicates what conception of the institution of citizenship and what conception of international order would serve to realize a right to have nationality rights.
Keywords Arendt · Rights · Nationality · Citizenship · Statelessness · Arbitrary
deprivation · Naturalize
The fundamental deprivation of human rights is manifested first and above all
in the deprivation of a place in the world which makes opinions significant
and actions effective. […] We became aware of the existence of a right to have
rights (and that means to live in a framework where one is judged by one’s
actions and opinions) and a right to belong to some kind of organized community, only when millions of people emerged who had lost and could not regain
these rights because of the new global political situation.
Hannah Arendt, The Origins of Totalitarianism (1958)
1 Introduction
With the post-war development of the international human rights regime, especially
since the mid-1970s, the sceptical remarks of Hannah Arendt’s concerning human
rights in the context of statelessness, her provocative claim that national citizenship
* David Owen
dowen@soton.ac.uk
1
School of Economic, Social and Political Sciences, University of Southampton, Southampton,
UK
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