Statelessness & Citizenship Review
2020
2(1)
safeguard tribal sovereignty and alternative membership, rights to place and to
purpose are crucial. Adopting a positive, but not uncritical perspective, she
maintains that the case of indigenous nations thus offers an interesting viewpoint
on how functioning citizenship for different groups could be achieved. 20
Chapter Seven zooms in on the US context and discusses the situation of
‘second-class citizens’ in the cities of Saint Louis, Flint, and New Orleans. The
mainly black and poor populations in these cities suffer from structural violence,
marginalisation and oppression despite having legal nationality. 21 Kingston
contends that these three examples illustrate the construction, reinforcement and
perpetuation of hierarchies of personhood in race and class over generations, and
denial of fundamental rights to place and purpose. 22 She discusses the right to
housing, water and health, and shows how ‘functioning citizenship is frequently
allotted along racial and socioeconomic lines’. 23 (Neo)liberal conceptions of rights
and worthiness thereby serve as markers on the hierarchy of personhood by
valuing personal choice rather than rights’ protection. The chapter clearly
illustrates that legal nationality alone does not guarantee equal rights protection.
Kingston goes full circle to the situation of stateless persons, where the granting
of legal nationality alone does not guarantee equal rights protection either.
Part IV closes the book with a number of concrete policy recommendations on
how to create inclusive forms of membership. Chapter Eight focuses on the topic
of issue emergence and discusses the ways in which hierarchies of personhood are
addressed but also reinforced in the work of the international human rights
community, with the example of images, visual narratives and social media. 24
Kingston calls upon actors in the human rights field to re-evaluate the hierarchies
and categories of worthiness that influence issue emergence and to empower
claimants to share their perspectives and knowledge.
In the conclusion (Chapter Nine), Kingston develops a number of concrete and
very practical policy recommendations to actualise the ideal of functioning
citizenship. Some protection gaps caused by the persisting hierarchies of
personhood could, as Kingston proposes, be filled with relatively simple measures
— such as the ratification and implementation of relevant international human
rights standards, the issuance of birth certificates and identity documents, fair and
impartial procedures or an understanding of ‘rights entitlement rather than reliance
on charity models’. 25 Eventually, Kingston defines functioning citizenship as
an aspirational ideal that moves beyond mere legal status to facilitate mutually
beneficial, rights-protective relationships between the state and the individual while
opening political space for those who do not fit within traditional conceptions of
the citizenry. 26
With her thorough discussion of the six groups and their respective positions
on the hierarchy of personhood, Kingston elegantly weaves together different sites
of contestation of citizenship and denial of rights and makes a credible claim for
her concept of functioning citizenship. One could argue that the idea of citizenship
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ibid 173.
ibid 176.
ibid.
ibid 189.
ibid 205–15.
ibid 223–32.
ibid 240.
193