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Statelessness and the Feminist Toolbox
Lay Lee, who stated: ‘[t]he human rights framework is not free from gender discrimination because the
public/private distinction remains entrenched in the concepts and norms of international law’.57
It is true that since the mid-twentieth century, several human rights frameworks, most obviously CEDAW,
have sought to remedy the public/private distinction in international law. Despite this, legal structures and
policies cannot be separated from their role in constituting and reaffirming patriarchal structures of dominance and power—laws which created and create statelessness. Therefore, it is not possible that the task
of critically deconstructing said legal structures should remain within the confines of the legal field alone.
Instead, this paper highlighted how feminist scholarship—a discipline outside of law—has the means to provide analytical tools with which the statelessness sector can reflect on the causes and impacts of, and solutions to the issue. However, in drawing guidance again from the work of feminist scholars in international
law, it is worth cautioning that despite the considerable contributions by Hilary Charlesworth, Christine
Chinkin and others, they recently noted that feminist approaches ‘still lack legitimacy and credibility in
many mainstream circles, remaining on the disciplinary periphery’.58 Inclusion of feminist thought in the
statelessness toolbox therefore cannot be a means to a utopian end without breaking statelessness research
away from its traditional disciplinary gatekeepers. Currently, statelessness is a subject situated within law.
The problem this creates, in addition to law’s “entrenched” gender discrimination, is an unequal playing
field for other non-legal disciplines trying to penetrate the issue. However, if statelessness were to become
a recognized field, Statelessness Studies, such as Migration Studies, Gender Studies, and Refugee Studies, it
would broaden the area of academic interest. The question then is, in addition to this slight linguistic shift,
will the issue of statelessness, through the process of critical deconstruction, as Tucker stated, ‘break free
from its legal origins’? And, to what extent can a feminist intervention address the complex challenges with
respect to methodology, cautioned by Manly and Van Waas, to be necessary for statelessness to ‘become fully
established as an interdisciplinary research field’.59
Finally, the concluding remarks by Seyla Benhabib in her latest publication provides guidance for the task
ahead: ‘[a]nalysing the gender politics of the right to have rights and addressing gender complexities of
humanitarian reason is a task ahead’.60
Benhabib’s reflections add weight to the argument for a pause and (feminist) reflection on the creation of
statelessness, and ultimately our solutions to end it.
Acknowledgements
I would like to thank my supervisors Michelle Foster, Ana Dragojlovic and Susan Kneebone for their valuable
time and support on this project. I would also like to thank my editor-in-chief, my father Michael Brennan,
who despite his own deadlines always makes time for mine, and thanks to Emma Nyhan for her unremitting
words of advice. And finally, I want to graciously thank the two anonymous reviewers for their thoughtful
and thought-provoking comments, their expertise in this area truly shaped the final incarnation of this
paper for the better.
Competing Interests
The author has no competing interests to declare.
57
58
59
60
T Lay Lee, Statelessness, Human Rights and Gender (Brill Nijhoff 2005) 115.
H Charlesworth, G Heathcote and E Jones, ‘Feminist Scholarship on International Law in the 1990s and today: An Inter-
Generational Conversation’ (2018) Feminist Legal Studies 1.
M Manly and L Van Waas, ‘The State of Statelessness Research: A Human Rights Imperative’ (2014) 19 Tilburg Law Review 6.
S Benhabib, Exile, Statelessness, and Migration: Playing Chess with History from Hannah Arendt to Isaiah Berlin (Princeton University
Press 2018) 124.
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