2021
Statelessness & Citizenship Review
3(1)
The exercise of this sovereignty has also led to situations where states have
been able to use their powers to exclude those whom they consider undesirable.
Noora A Lori uses the term ‘precarious citizenship’ to describe people who are
unable to acquire full citizenship rights, and instead live in a liminal, ad hoc
space.27 She proposes that there are certain populations who are rendered
precarious by virtue of being unrecognised by the states they live in.28 This leads
to a lack of ‘permanent and secure’ citizenship rights for significant sections of
the population, who are rendered ‘invisible in the state’s legal self-image’
.??
B __ Differential Citizenship
The fundamental premise of citizenship is equality; once one is a citizen, their
membership in society is theoretically equal to that of everyone else.2° However,
such formal equality is rarely realised, with distinctions in rights being based on
property ownership, race, ethnicity and, pertinently, gender. It is gender that is of
importance to this analysis. The idea of ‘universal’ citizenship, as per Ruth Lister,
is false and privileges the male.3! Citizenship has evolved around a strong
patriarchal construct. The aspirations to equality before the eyes of the state that
characterise citizenship have historically been denied to women and other
marginalised genders.32 Many aspects of citizenship were not extended to women
for a significant period.?? Patriarchal structures ensured that most women did not
have access to features of political or civil citizenship. The rights to vote, own
property, sign contracts, freedom of residence and labour, etc have not been
universally made available to women in most cultures.34 Citizenship is an exercise
in participating in the public sphere. However, since women have historically been
outside that space and relegated to the private sphere, they have been considered
an inferior class. This renders them unfit for ‘male’ citizenship.3> Moreover, even
after women were granted political rights, the extension of citizenship to women
has not occurred in the same measure — this phenomenon has occurred because
of conditions determined by men. As an illustrative example, even today women
remain underrepresented and discriminated against in educational institutions,
workplaces and public positions such as elected bodies.3® Citizenship, in theory
and in practice, has therefore evolved in a way that integrally and systematically
excludes women. Given their ‘primary orientation to the care of children,
husbands, and elderly relatives’,37 women do not experience political or social
27
28
29
30
Noora A Lori, ‘Statelessness, “In-Between” Statuses, and Precarious Citizenship’ in Ayelet
Shachar, Rainer Baubéck, Irene Bloemraad, and Maarten Vink (ed), The Oxford Handbook
of Citizenship (2017) 744.
ibid.
ibid 748.
32
TH Marshall and Thomas Bottomore, Citizenship and Social Class, vol 2 (Pluto Press 1992)
6-8.
Ruth Lister, ‘Citizenship and Gender’ in Edwin Amenta, Kate Nash and Alan Scott (eds) The
Wiley-Blackwell Companion to Political Sociology (Wiley-Blackwell 2012) 372, 374-75.
Eckert (n 9) 311; Sylvia Walby, ‘Is Citizenship Gendered?’ (1994) 28(2) Sociology 379, 380-
33
34
35
Walby (n 32) 380-81.
ibid.
Lister
(n 31) 373-74.
37
Walby (n 32) 386.
31
36
81.
Linda C McClain and Joanna L Grossman, Gender Equality: Dimensions of Women’s Equal
Citizenship (Cambridge University Press 2009) 5-6.
240