The Shifting Parameters of Nationality 287 which in turn is meant to enhance their integration.133 When considering state practice, in several countries developments can be identified to extend voting rights to migrants, but there are still considerable variations, both in terms of the level at which elections are opened to foreigners (local, regional and national),134 and in terms of the extent of the residence requirements.135 4.2.3 Nationality and the Right to Enter and Stay: The Right to Have Rights Notwithstanding the developments of the human rights paradigm and the related growing detachment of rights and nationality,136 there are still rights that only persons with the nationality of a state fully enjoy, more particularly rights to enter and stay in a state, and voting rights. What is particularly striking is that these rights can be argued to constitute core rights for actual, effective membership in a political community. First of all, rights to entry and stay (reside) are the essential precondition to become a member of the polity, understood as a political community with territorial bounds. Indeed, one needs a place where one can makes one’s home,137 participate politically, and exercise one’s civil, political and social rights.138 In this respect Hannah Arend’s famous qualification of nationality as the right to have rights can be understood: nationality as the precondition for the effective enjoyment of fundamental rights.139 As long-term resident foreign nationals obtain stronger rights of residence, including enhanced protection from deportation, as well as related socioeconomic rights (access to employment and family reunification), the term ‘denizen’ was coined to reflect a status which entitled persons to many but not all rights of full citizens.140 Secondly, also (national) voting rights are often highlighted as being of crucial importance because they provide opportunities for co-determining governance.141 Bellamy highlights in this respect that political participation rights are the rights 133 Groenendijk (2008), p. 5. See also Lenard (2015), pp. 122–123 who argues that collective participation in the electoral system and the shared institutions builds social cohesion. Cf. Rostek and Davies (2006), p. 5. 134 See the discussion of the quantitative analysis in Earnest (2015), pp. 4, 7. 135 Groenendijk (2008), p. 4. See Earnest (2015), pp. 5–6 who distinguishes 5 categories. 136 Kesby (2012), p. 94. 137 Inter alia, De Groot (2015), pp. 29–30. 138 Kesby (2012), p. 52. 139 Oman (2010), p. 281. See also Shachar (2014), pp. 114–115 who highlights that our rights remain fragile when we are not member of a political community. See also Somers (2008) who highlights the primary right of recognition, inclusion and membership in both political and civil society (social and political recognition), preceding the second bundle of rights consisting of civil, political, social, cultural etc. rights, pp. 6 and 25. 140 Turner (2016), p. 679. 141 Kesby (2012) p. 58; De Groot (2015), pp. 29–30. Smith (2002) acknowledges that with the different spatialities of citizenship over time—this idea of political co-determination was not always strongly present, referring to the feudal times where it was restricted to some cities (p. 106), stronger again after the revolutions in the 18th century, whereas today there would be less focus on political activism and rather on involvement in social, economic and cultural organizations (p. 112). 123

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