Skip to main content
×
Home
    • Aa
    • Aa
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 8
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Barry, Christian and Ferracioli, Luara 2015. Can Withdrawing Citizenship Be Justified?. Political Studies, p. n/a.


    Bevelander, Pieter and Spång, Mikael 2015.


    Brondolo, Elizabeth Rahim, Reanne Grimaldi, Stephanie J. Ashraf, Amina Bui, Nini and Schwartz, Joseph C. 2015. Place of birth effects on self-reported discrimination: Variations by type of discrimination. International Journal of Intercultural Relations, Vol. 49, p. 212.


    Huddleston, Thomas and Vink, Maarten P 2015. Full membership or equal rights? The link between naturalisation and integration policies for immigrants in 29 European states. Comparative Migration Studies, Vol. 3, Issue. 1,


    Lynch, Maureen 2013. The Encyclopedia of Global Human Migration.


    Franke, Mark F.N. 2011. The unbearable rightfulness of being human: citizenship, displacement, and the right to not have rights. Citizenship Studies, Vol. 15, Issue. 1, p. 39.


    Elias, Juanita 2008. Struggles over the rights of foreign domestic workers in Malaysia: the possibilities and limitations of ‘rights talk’. Economy and Society, Vol. 37, Issue. 2, p. 282.


    McKeever, Gráinne and O’Rawe, Mary 2007. Political ex-prisoners and policing in transitional societies – testing the boundaries of new conceptions of citizenship and security. International Journal of Law in Context, Vol. 3, Issue. 02,


    ×

Holes in the Rights Framework: Racial Discrimination, Citizenship, and the Rights of Noncitizens

Abstract

In recent years, states have increasingly exploited their traditional discretion over matters of citizenship to carve out significant exceptions to the universality of human rights protection. This primarily occurs in two ways: through denial and deprivation of citizenship and through the imposition of illegitimate distinctions between citizens and noncitizens. The results of such actions may be physical expulsion, disenfranchisement, exclusion from access to public benefits, and acts of violence and discrimination. The potential for abuse is heightened for racial and ethnic minorities. Racial discrimination is a major cause of denationalization and restrictive access to citizenship. And citizenship status is often used as a proxy for racial grounds in justifying denial of other human rights. The treatment of noncitizens compellingly tests societies' commitments to the rule of law. This essay explores how human rights norms—particularly the body of law that forbids discrimination on grounds of racial or ethnic origin—can be deployed to combat the worst effects of citizenship denial and ill-treatment of non-citizens. It recommends that the problem be addressed through three principal activities: documentation and public education; clarification and distillation of legal standards related to citizenship; and enforcement of existing norms, including those prohibiting racial discrimination.

Copyright
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Ethics & International Affairs
  • ISSN: 0892-6794
  • EISSN: 1747-7093
  • URL: /core/journals/ethics-and-international-affairs
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×