Women's interpretations of the right to legal abortion in Mexico City: citizenship,experience and clientelism

In April 2007, after a period of intense social debate, the Mexico City Legal Assembly legalized abortion during the first 12 weeks of pregnancy, which was an unprecedented development in women's rights in Mexico. Within the context of a proliferation of public discourses about women's citizenship rights changes in women's social status in Mexico, this article explores the extent to which the newly legalized character of abortion is interpreted by women as a right. Drawing on 24 interviews with women who had a legal termination of pregnancy between 2008 and 2009, this research shows that legalization opens up new and complex relationships between women as subjects of rights and the state. Such relationships are expressed as three discursive figures: legal abortion (1) as a concession from the government, (2) as ‘excessive’ tolerance by the state, and (3) as a right to be protected and guaranteed. The analysis shows that women's interpretations of the right to legal abortion are mediated by profound transformations, which Mexican society is currently undergoing. These include changes related to a shift from a clientist political culture to one more framed in terms of citizenship, the subjective effects of family planning policies, and their ambivalent relationships with Catholic notions of women and motherhood, and the effects of feminist discourses of women's citizenship, abortion, and reproductive rights.     

Foreign corporate accountability: The contested institutionalization of mandatory due diligence in France and Germany

In the recent past, European states have adopted mandatory due diligence (MDD) laws for holding companies accountable for the environmental and human rights impacts of their supply chains. The institutionalization of the international due diligence norm into domestic legislation has, however, been highly contested. Our contribution analyzes the discursive struggles about the meaning of due diligence that have accompanied the institutionalization of MDD in Germany and France. Based on document analysis and legal analysis of laws and law proposals, we identify a state-centric, a market-based, and a polycentric-governance discourse. These discourses are based on fundamentally different understandings of how the United Nations Guiding Principles on Business and Human Rights should be translated into hard law. By outlining these discourses and comparing the related policy preferences, we contribute with a better understanding of different ways in which MDD is institutionalized, with important consequences for the possibilities to enhance corporate accountability in global supply chains.     

Concepts of citizenship underlying EU gender equality policies

This article assesses the framing of gender equality in the EU political discourse from 1995 to 2005 and the conceptualisations of citizenship that emerge from it. To assess the extent to which EU gender equality policies meet the aspirations of the concept of a gender equal citizenship, it develops an analysis of how different feminist approaches to citizenship are related to concepts of rights and responsibilities in EU gender equality policies. The frame analysis of a selection of EU policy documents in the areas of family policies, domestic violence, and gender inequality in politics reflects different configurations of the relation between feminist conceptualisations of citizenship and citizens' distribution of rights and responsibilities. Findings show that both gender-neutral and gender-differentiated conceptualisations of citizenship are present in EU policy documents, while a gender-pluralist approach tends to be absent. They also reveal that, while both men and women are formally treated as right-holders, women are framed as mainly responsible for eradicating the barriers to an equal enjoyment of citizenship rights. Moreover, men and women are constructed as different citizens. The article concludes that EU formal definitions of citizenship based on the concept of equality, while promoting legal gender equality and acknowledging the existence of gender obstacles to the enjoyment of an equal citizenship for women, are not by definition translated into policy initiatives transformative of traditional gender roles. In this respect they could hamper the achievement of a gender equal citizenship in the European Union.     

Claiming rights in exile: women’s insurgent citizenship practices in the Thai-Myanmar borderlands

ABSTRACT

This paper examines insurgent citizenship practices employed by activists in the exiled Burmese women’s movement from the 1990s and onwards. Consisting of political exiles, refugees and ethnic insurgents, this movement has successfully used the transnational, transitory space of the borderlands to constitute its participants as political subjects with legitimate claims to rights, citizenship and leadership. Drawing on interviews, this analysis interrogates women’s activism through the lens of insurgent citizenship practices. Thus, how have Burmese women’s activists claimed rights and lived citizenship in exile? Three main strategies are examined: firstly, women activists have positioned themselves as political actors and authorities through involvement in governance and humanitarian aid delivery in refugee camps. Secondly, they have claimed rights and political subjectivity through engagement with international norms, networks and arenas. Thirdly, they have claimed citizenship and political influence in oppositional nation-making projects through engaging with and negotiating ethno-nationalist armed struggles. The analysis highlights the multifaceted nature of women’s insurgent citizenship practices, showing how they navigate multiple marginalized subject positions, direct their rights claims towards multiple governing authorities, and enact multiple political communities.     

Green citizenship and the political critique of injustice

Over recent decades, normative theories of green citizenship have drawn upon observations that a long-prevalent dualistic understanding of society, as completely subjecting nature, is being displaced by growing political and cultural support for a holistic view of society, as participating in nature. Differences between avowedly liberal and civic-republican interpretations of green citizenship notwithstanding, the normative theories share five key social critiques: (1) the need to challenge nature/culture dualism; (2) to dissolve the division between the public and private spheres; (3) to undermine state-territorialism; (4) to eschew social contractualism and (5) to ground justice in awareness of the finiteness and maldistribution of ecological space (ES). This article offers a sympathetic provocation to normative theories of green citizenship. Adopting a critical realist perspective, it describes the partial and problematic realisation of these critiques in the contemporary types of social and political participation, contents of the rights and duties and institutional arrangements of the ‘stakeholder’ citizenship that has become established within the neoliberal or weak eco-modernising, global competition state. This perspective is important because it offers new insights into the discursive framework that encompasses contemporary debates over justice and injustice. In particular, injustice from within the post-industrial ecostate appears to be a diffuse whole-of-society problem, the by-product of unsustainable development that lacks an identifiable class of perpetrators. This makes the progressive task of enunciating claims that injustice is present in some senses difficult, while conservative ideological positions are simplified.     

Making claims for migrant workers: human rights and citizenship

Migrant workers claims for greater protection in a globalized world are typically expressed either in the idiom of international human rights or citizenship. Instead of contrasting these two normative frames, the paper explores the extent to which human rights and citizenship discourses intersect when it comes to claims by migrant workers. An analysis of the international human and labour rights instruments that are specifically designed for migrant workers reveals how neither discourse questions the assumption of territorial state sovereignty. Drawing upon sociological and political approaches to human rights claims, I evaluate the Arendtian-inspired critique of international human rights, which is that they ignore the very basis ‘right to have rights’. In doing so, I discuss the different dimensions of citizenship and conclude that international rights can be used by migrant workers to assert right claims that reinforce a conception of citizenship that, although different from national citizenship, has the potential to address their distinctive social location.     

Intersectional citizenship,violence, and lesbian resistance in South Africa

Abstract

There is a growing body of literature on intersectionality and citizenship, with scholars positing a need to analyze multiple identities simultaneously in order to understand both the legal incorporation and embodied experience of citizenship for marginalized groups. Building upon this central insight, I contribute to this literature by articulating the components of an intersectional citizenship framework to better understand the way multiple identities mediate citizenship, with particular reference to black lesbians in South Africa. Based on in-depth interviews with eighteen members of the black lesbian organization Free Gender, in Khayelitsha, Cape Town, I argue that Free Gender’s organizational goals can usefully be understood as asserting the commensurability of the identity “black lesbian” with “community member,” “African,” and “woman.” In applying a theoretical framework of intersectional citizenship to South Africa, it becomes clear that Free Gender’s activism reveals differential access to identities necessary to be seen as citizens entitled to rights. More than just extending juridical citizenship, black lesbians must have socially and politically legitimate access to multiple identity categories simultaneously in order to live free of violence.     

An integrated approach to corporate due diligence from a human rights,environmental, and TWAIL perspective

Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate-related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.     

Jihadi brides at the intersections of contemporary feminism

Abstract

Contemporary feminism has reached a difficult crossroads, both in its theory and practical application. Feminist commitment to diversity and inclusion has opened space for women not traditionally considered in feminism’s domain and prompted new understandings of the forms of power against which women struggle. However, the very inclusivity of contemporary feminism now raises a series of unresolved issues. What does it mean to be a feminist today? What are the criteria for integration within a feminist agenda? And who determines the boundaries of inclusion and exclusion? This article uses the case of Jihadi brides, women who travel to join the Islamic State in Syria and Iraq, to test the limits of feminist boundaries. That these women have embarked on a radical political campaign against the West prompts further revisioning of the relationship between women, gender, and feminism. In place of a unified feminist politics, women are involved today on both sides of the global conflict between Western industrialized democracy (and its allies) and violent jihadism. In this context, should feminism include all women, even those who fight against Western values and thus the rights of other women? Should feminism tolerate the intolerant? Against the background of debates about intersectionality, identity politics, and post-structuralism, this article raises the specter of a feminism that is not only non-Western but, importantly, anti-Western and considers its implications for a feminist reconstructive agenda.     

Violence against women and economic, social and cultural rights in Africa

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2^nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more exposed to violence and less able to escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa.     

Feminism in the Humanitarian Machine. Introduction to the Special Section on ‘The Politics of Intervention Against (Conflict-Related) Sexual and Gender-based Violence’

ABSTRACT

The prevention and mitigation of sexual and gender-based violence in (post-) conflict societies has become an important humanitarian activity. This introductory article examines the analytical discourses on these interventions, the institutionalization of SGBV expertise in international politics, and the emancipatory potential of anti-SGBV practices. It argues that the confluence of feminist professional activism and militarized humanitarian interventionism produced specific international activities against SGBV. As part of the institutionalization of gender themes in international politics, feminist emancipatory claims have been taken up by humanitarian organizations. The normal operating state of the humanitarian machine, however, undercuts its potential contribution to social transformation towards larger gender equality in (post-) conflict societies.     

Becoming flesh: refugee hunger strike and embodiments of refusal in German necropolitical spaces

The securitization of the EU’s external borders and repressive asylum policies biopolitically control and discipline the bodies of refugees. In Germany, these developments hark back to a longer colonial history of racialization that the state collectively disavows. To approach this continuity of racialized citizenship, I will analyse a series of hunger strikes that were staged by refugees from 2012 till 2014 in Germany. By asking which possibilities lie in staging the hunger strike, I will argue that Germany’s necropolitical geography of detention, asylum, and deportation marks the racialized refugees’ bodies as disposable within the logics of citizenship. I propose that hunger strike is a form of becoming flesh, which makes visible how racialized violence is enacted on the refugees’ bodies. Becoming flesh articulates a politics of refusal that subverts the logics of recognition, empathy and suffering liberal rights discourses rely on and, instead, performs an embrace of the refugees’ abjection.     

Caregiving for identity is political: implications for citizenship theory

The citizenship literature now renders blurry the boundaries between ‘private’ and ‘public’. Feminist analyses of caregiving have contributed to this evolution. But while feminist circles widely depict caregiving to be on par with employment as a social aspiration and obligation of citizenship, the literature has stopped short of recognizing that caregiving can also represent political citizenship. The author argues that some caregiving for identity should be afforded this status. This recognition has implications for multiscalar approaches to environmental and queer citizenship studies; feminist visions of citizenship that imply a right to time for care; and multicultural citizenship.     

A multilevel puzzle: Migrants’ voting rights in national and local elections

How does international migration impact the composition of the demos? Constitutional doctrines and democratic theories suggest contrasting responses: an insular one excludes both non‐citizen immigrants and citizen‐emigrants; a deterritorialised one includes all citizens wherever they reside; a postnational one includes all residents and only these. This article argues that none of these predicted responses represents the dominant pattern of democratic adaptation, which is instead a level‐specific expansion of the national franchise to include non‐resident citizens and of the local franchise to include non‐citizen residents. This is demonstrated by analysing an original dataset on voting rights in 31 European and 22 American countries, and outlining a level‐sensitive normative theory of citizenship that provides support for this pattern as well as a critical benchmark for current franchise policies. The findings can be summarised in two inductive generalisations: (1) Voting rights today no longer depend on residence at the national level and on citizenship of the respective state at the local level; (2) Voting rights do, however, generally depend on citizenship of the respective state at the national level and on residence at the local level. In the article, these are called the patterns of franchise ‘expansion’ and ‘containment’. The former supports the idea of widespread level‐specific expansion of the franchise and refutes the insular view of the demos. The latter signals corresponding level‐specific restrictions, which defeats over‐generalised versions of deterritorialised or postnational conceptions of the demos. In order to test how robust this finding is, cases are analysed where the dominant patterns of expansion have been resisted and where unexpected expansion has occurred. With regard to the former, the article identifies constitutional and political obstacles to voting rights expansion in particular countries. With regard to the latter, the article shows that even where national voting rights have been extended to non‐citizen residents, containment remains strong through indirect links to citizenship.     

Hardening foreign corporate accountability through mandatory due diligence in the European Union? New trends and persisting challenges

The negative externalities of global commodity chains and existing governance gaps have received wide scholarly attention. Indeed, many sectors including forest-risk commodities (FRCs) like soy and beef from Brazil remain largely unregulated. This article analyzes ongoing policy-making processes at European Union level to adopt new regulations for reducing accountability gaps: one regulation of FRCs and one general, cross-sectoral directive on human rights and environmental due diligence. This article draws on and aims to contribute to previous research into foreign corporate accountability, therein analytically distinguishing between input, output, and surrogate accountability. This study shows that new policies will likely be more comprehensive than previous supply chain regulations, while their specific institutional design and stringency are highly contested. More in general, we argue that for hardening corporate accountability, due diligence politics will need to confront important governance challenges that have limited the potential of previous regulations, such as a lack of consequentiality of reporting obligations, weak state monitoring, limited stakeholder involvement, and difficulties to establish legal liability.     

Squaring the circle: domestic welfare,migrants rights,and human rights

Domestic welfare reform and the management of international migration in Britain have been described by David Cameron as ‘two sides of the same coin’. Heightened conditions and sanctions for the benefit-dependent domestic population, both in and out of work, are being harnessed as a means of promoting labour market change and reducing demand for low-skilled migrants – often EU workers, whose own access to benefit is being curtailed. Arguments about the post-national expansion of rights and associated cosmopolitan debate implicitly measure migrants rights against a normative model of citizenship as the yardstick of full social inclusion, but with little attention to how far citizenship itself falls short of this promise. Taking Britain as a case study, this paper considers how the concept of civic stratification can further advance analysis of the link between domestic welfare, migration and human rights in a context of intensifying controls for both migrants and citizens.     

Feminism and Contemporary Liberal Citizenship: The Undecidability of 'Women'

Liberal citizenship has been seen as posing a dilemma for feminists. Either women are taken to be equal to men, in which case their specific capacities as women are unrecognised and their citizenship is substantively unequal; or else women are taken to be different, with the consequent risk that the rights citizenship allows and the obligations it imposes will again be substantively unequal. On this view, women cannot simply be included in liberal citizenship because the meaning of the liberal public sphere is constructed in opposition to the private sphere of natural feminine care and women's subordination to male heads of household. Using Derridean deconstruction to examine three significant moments in liberalism, this paper argues that the term 'women' is more productively seen as 'undecidable' in this tradition, working both to construct the binary opposition between public and private on which it depends but also to disrupt it. While the feminist critique of liberalism is important to analysing the logic by which women have been positioned outside full citizenship rights, in practice feminists have made some gains by reconfiguring the terms of liberalism around this undecidability. The aim of the paper is to carry out something like a genealogy of contemporary liberalism in order to discern its multiple origins and contingent development; we will then be in a better position to understand the practical possibilities for women's citizenship in Britain today.     

(Dis)qualified bodies: securitization,citizenship and ‘identity management’

This article attempts to think citizenship politics in the international security context of a post‐September 11th world. Considering specifically the introduction of biometric technologies, the article reveals the extent to which contemporary citizenship is securitized as a part of the wider post‐September 11th ‘securitization of the inside’. This securitization contributes directly to the intensification of conventional citizenship practice, as biometric technologies are employed to conceal and advance the heightened exclusionary and restrictive practices of contemporary securitized citizenship. The intensified restriction and preservation of particular rights and entitlements, vis‐à‐vis the application of biometric technologies, serves both private and public concerns over ‘securing identity’. This overall move, and the subsequent challenges to conventional notions of citizenship politics and agency, is referred to here as ‘identity management’. To then ask ‘What's left of citizenship?’ sheds light on these highly political transformations, as the restricted aspects of citizenship—that is, its continued obsession with the preservation and regulation/restriction of specific rights and entitlements—are increased, and the instrument of this escalation, biometrics, dramatically alters existing notions of political agency and ‘citizenship/asylum politics’.     

Vigilantes,gangsters, and alcohol: clashing citizenship regimes in postwar Guatemala

In this volatile moment in Latin America, when relations between the state and citizens are in flux, people at the margins of society draw on various notions of citizenship in social conflicts over proper behavior and the common good. I examine an intergenerational conflict over the legality of alcohol in an indigenous village in Guatemala to show how its protagonists creatively recombine different aspects of the various citizenship regimes that they have encountered. Elders have formed vigilante justice groups to combat the youth they consider gangsters. While the vigilantes draw upon a discourse of obligation to justify their actions, the generation below them counters with a language of rights. Some argue that citizenship is less meaningful in contexts where state power is ambiguous and extralegal violence is commonplace. I argue that in such contexts, it is not that citizenship does not have meaning, but rather that its meaning is intensely contested.     

Unequal access to human rights: the categories of noncitizenship

Abstract

International human rights law consists of a body of basic rights and principles that States are to enforce with respect to every person within their borders. The unfortunate reality, however, is that many States are incapable of ensuring the rights of everyone, and in some instances simply do not wish to do so. Accordingly, citizenship serves as an acknowledgment by a State that the status holder is entitled to a higher degree of protection. Conversely, noncitizens may enjoy less rights than citizens, and certain categories of noncitizens frequently find themselves outside of the State’s protection entirely. This article outlines many of the rights that international law directs should be enjoyed by every human being, the factors that contribute to unequal enjoyment of these rights, and the categories of noncitizen associated with the mediated allocation of basic human rights.