2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS”
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tory places political rights squarely within the pantheon of human
rights, as opposed to citizen rights.
CONCLUSION
The international law of nationality is particularly relevant in
today’s political climate. Individuals’ legal status has been, since
World War I, an important safeguard against States’ infringements of
individual wellbeing and abuses of individual rights. Rises in nationalism, coupled with reduced access to free travel, or more stringent
border control, have set the stage for two of the greatest mass displacements and human tragedies of the past century. For this reason,
the campaign against statelessness is ever the more important.
In light of the ambitiousness of the #IBelong campaign and
increasing international resistance to municipal-level acceptance of
ethnic others, UNHCR and scholars must expend their resources and
political capital judiciously. This may mean returning to the traditional, albeit limited, articulation of nationality, as a distinct concept
from enfranchised citizenship. This not only would comport with the
consent-based model of international law but would also deemphasize the role of nationality or citizenship in our political rights
dialogue.
Katherine Ebright*
with the universality of human rights, as advanced in the ICCPR preamble. The preamble
states, “[T]he ideal of free human beings enjoying civil and political freedom and freedom
from fear and want can only be achieved if conditions are created whereby everyone may
enjoy his civil and political rights” (emphasis added).
* Law Fellow at the Public International Law & Policy Group; J.D., Columbia Law
School, 2018.
Electronic copy available at: https://ssrn.com/abstract=2954729