Cassadee Orinthia YAN
International Comparative Jurisprudence. 2024, 10(1):94-111.
that the people are the ultimate source of political power’ (p. 103). This period laid the foundations for the
development of contemporary citizenship legislation.
Citizenship and national identity have been closely interrelated since the emergence of nation-states in the 18th and
19th centuries. Citizenship has come to symbolize inclusion and belonging within a particular country. Harpaz and
Mateos (2019) argue that ‘citizenship has been the main tool for defining the boundaries of the political community,
and as such, it has become an essential strategic resource in the era of globalization’ (p. 843). Citizenship
regulations during this time often exhibited exclusionary and discriminatory tendencies. Jelin (2019) points out that
‘in many cases, citizenship was only granted to individuals who belonged to the dominant ethnic, cultural, or racial
group’ (p. 104). This exclusionary approach aimed to maintain the homogeneity and cultural cohesion of nationstates. However, in recent decades there has been a growing trend towards expanding citizenship rights and
recognizing diverse national identities.
In the same study, Harpaz and Mateos (2019) also discuss the increasing prevalence of dual nationality as a strategic
tool for individuals and nations. They observe that ‘the growing incidence of dual nationality has facilitated the
coexistence of multiple national identities, blurred the boundaries of national citizenship, and challenged the idea
of exclusive allegiance’ (p. 846). This development draws attention to the ways in which citizenship evolves and
can threaten to undermine traditional ideas of allegiance and belonging. Jelin (2019) further highlights that
citizenship encompasses civil and political rights as well as social, economic, and cultural rights; it is a
multidimensional concept that goes beyond legal status, and ‘citizenship must be defined not only in terms of civil
and political rights but also as a set of social, economic, and cultural rights’ (p. 105). Recognizing this broader
perspective is essential in defending individual rights within democratic societies and promoting social inclusion.
Exclusionary citizenship regulations not only impact individuals directly, but also have far-reaching consequences
for communities of stateless people. The intergenerational nature of statelessness, in which stateless parents are
more likely to have stateless children, perpetuates cycles of vulnerability and marginalization. Stateless people may
be unable to flourish socially and economically due to a lack of access to healthcare and education, leading to
persistent socioeconomic inequalities. Recognizing the significance of resolving statelessness, international and
regional organizations, such as the African Union and the UNHCR, have called for the revision of exclusionary
citizenship laws and the protection of stateless individuals. In addition, international campaigns such as the
UNHCR’s Belong Campaign have attempted to eradicate statelessness by 2024 through legislative reforms,
streamline nationality verification processes, and increase public awareness. Stateless individuals are impacted by
adverse effects stemming from exclusionary citizenship policies, including limited access to basic necessities and
heightened vulnerability.
Sutton (2018) discusses statelessness and the rights of stateless children in Kenya and South Africa, describing how
children become stateless due to arbitrary laws that discriminate against them. These laws create a situation of
trans-generational statelessness, which, if not addressed urgently, will ensure that vulnerable children have no
remedy either today or in the future. The author observes that despite both countries being members of various
international treaties that address statelessness, discrimination against stateless children is still present in these
countries (Sutton, 2018, p. 1).
To summarize, various perspectives on individual rights and entitlements have significantly contributed to the
development of citizenship law. However, despite these advances, the issue of statelessness persists for millions of
people worldwide. Discriminatory and exclusive citizenship regulations and armed conflicts perpetuate
statelessness. Urgent action is required from policymakers and practitioners to tackle this problem by implementing
and enforcing inclusive citizenship laws and policies.
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