Human Rights Enjoyment in Theory and Activism

Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human rights” implies a corresponding theory of change and through that can be an important guide to the practice of human rights activists and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of rights.     

The Idea of Citizenship in the Early Civil Rights Movement

Luther P. Jackson was a key supporter of the Association for the study of Negro Life and History and a leading historian of the African American experience. As a leader in the voting rights movement in Virginia as well a prominent activist within region-wide civil rights organizations, Jackson crafted a message of black citizenship that balanced rights and civic duties. His emphasis on political engagement and civic consciousness transcended the specific issues that occupied civil rights activists of the 1940s. This philosophy of political commitment tied the black freedom struggle to the fulfillment of the democratic promise enshrined in the founding documents of the American republic. It also connected the movement for racial justice to the working-class movement for union organization and economic democracy. His effort to place citizenship front-and-center in the civil rights movement echoed the universal ideals of the American crusade to free the world of fascism. It also resonated with the egalitarian aspirations of the Reconstruction era. By linking black equality to political engagement, Jackson set out the only terms under which full equality could be achieved. As much as his message of justice through citizenship challenged the racial orthodoxies of his day, it challenges our contemporary society, transfixed as it is by the illusions of consumerism and marketplace privatization. As Carter G. Woodson and Luther Jackson both understood, racial justice required more than historical consciousness; it required political awareness grounded in a sense of civic responsibility.     

Post‐national citizenship,social exclusion and migrants rights: Mexican seasonal workers in Canada

In the past few decades, migrants residing in many European and North American countries have benefited from nation‐states' extension of legal rights to non‐citizens. This development has prompted many scholars to reflect on the shift from a state‐based to a more individual‐based universal conception of rights and to suggest that national citizenship has been replaced by post‐national citizenship. However, in practice migrants are often deprived of some rights. The article suggests that the ability to claim rights denied to some groups of people depends on their knowledge of the legal framework, communications skills, and support from others. Some groups of migrants are deprived of the knowledge, skills, and support required to negotiate their rights effectively because of their social exclusion from local communities of citizens. The article draws attention to the contradiction in two citizenship principles—one linked to legal rights prescribed by international conventions and inscribed through international agreements and national laws and policies, and the other to membership in a community. Commitment to the second set of principles may negate any achievements made with respect to the first. The article uses Mexican migrants working in Canada as an illustration, arguing that even though certain legal rights have been granted to them, until recently they had been unable to claim them because they were denied social membership in local and national communities. Recent initiatives among local residents and union and human rights activists to include Mexican workers in their communities of citizens in Leamington, Ontario, Canada, are likely to enhance the Mexican workers' ability to claim their rights.     

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.     

Cultural citizenship

The paper argues that the development of citizenship rights in advanced societies has been cumulative but uneven. The extension of social/welfare rights has been arrested. Propelled by the claims formulated by some activists of new social movements, citizenship rights are currently expanding towards a new domain of cultural rights that involve the right to symbolic presence, dignifying representation, propagation of identity and maintenance of lifestyles. This reflects the crisis of welfarism, the ‘shrinking of the state’, and the expansion of the public spheres.     

From citizenship to human rights: the stakes for democracy

A review of the literature on citizenship shows a trend away from anchoring citizenship practices to the nation-state and a move towards recasting the concept in universal terms. The paper examines this trend by focusing on the writings of Held, Bohman, and Benhabib. It distinguishes their ‘deliberative’ approach to citizenship, and suggests that this leads them to reformulate citizenship in a way which differs little from human rights. Although the paper shares in the view that a move to a human rights politics would pave the way for a more equitable order, it argues that there is also a risk. By drawing on the agonistic perspective on democratic politics, the paper shows that the risk is that we might undermine democratic politics by reducing it to a single principle.     

Workers without rights as citizens at the margins

This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker.     

You Say You Want a Revolution: the Arab Spring,Norm Diffusion,and the Human Rights Regime

We discuss how the Arab Spring is a reflection of the resiliency of the human rights regime. In order to accomplish this, we explore the extent to which the Arab Spring represents norm diffusion among Middle East and North Africa (MENA) states. Specifically, we examine the cases of Tunisia, Egypt, and Bahrain and consider how economic and demographic changes created space for human rights discourse in these countries. We find that, in the case of MENA states, the Arab Spring represents significant pressure from below. Access to new forms of social media allowed civil society to organize, publicize, and protest relatively efficiently. Social media expanded the potential role of individuals and created newly empowered latent human rights activists who emerged as leaders of the norm diffusion process. The resulting diffusion of human rights norms in the Arab region represents one of the most significant expansions of the human rights regime since the regime’s inception.     

Contesting privilege with right: the transformation of differentiated citizenship in Brazil

This paper suggests that new understandings of rights associated with right to the city movements in many cities around the world are subverting special treatment rights (understood as privilege) and the systems of differentiated citizenship that support them. To make this case, it examines the Brazilian formulation of differentiated citizenship as a telling historical example of a politics of difference based on a combination of universal membership and special treatment rights. It argues that by denying the expectation of equality and emphasizing that of compensatory equity in the distribution of rights, Brazilian citizenship became an entrenched regime of legalized privileges and legitimated inequalities. This paper then analyzes the insurgence of an urban citizenship in the poor peripheries of Brazilian cities since the 1970s, which promotes new kinds of contributor rights, the text-based rights, and the right to rights. It ends with a discussion of the entanglements and contradictions of these formulations of citizenship and rights.     

Citizens of California: How the Golden State Went from Worst to First on Immigrant Rights

California has accomplished a remarkable shift in its historical development on immigrant rights, from pioneering and championing anti-immigrant legislation from the 1850s through the 1990s, to passing robust pro-immigrant rights policies in the last two decades. In this article, we unpack California’s policies and historical shift on immigrant rights, and develop a typology of regressive, restrictive, and progressive variants of state citizenship. We then advance a theory of how California’s progressive state citizenship crystallized in 2014 by cumulating and gaining sufficient strength in particular elements – of rights, benefits, and membership ties – to constitute a durable and meaningful form of state citizenship. Our work builds on, and speaks to, a fast-growing literature on immigration federalism and a robust literature on semi-citizenship and alternative types of citizenship. Situated in federalism, state citizenship operates in parallel to national citizenship, and in some important ways, exceeds the standards of national citizenship. While many states have passed various policies intended to help undocumented immigrants such as state driver licenses, in-state tuition, financial aid, health insurance for children, our concept and theory of state citizenship formation considers how California’s policies took more than a decade to develop and reach a tipping point, transforming in 2014 from integration policies to a more durable crystallized state citizenship.     

Towards a Study of Human Rights Practitioners

The expansion of human rights provisions has produced an increasing number of human rights practitioners and delineated human rights as a field of its own. Questions of who is practicing human rights and how they practice it have become important. This paper considers the question of human rights practice and the agency of practitioners, arguing that practice should not be conceived as the application of philosophy, but instead approached from a sociological point of view. Whatever the structuring effect of political institutions, human rights is being defined more expansively by practitioners. The weakness of international institutions and the interpretive scope of human rights discourse produce significant opportunity for practitioners to interpret the meaning of human rights. Our exploratory interviews of a small sample of practitioners reveal widely varying histories, in which they interpret their own work as “human rights” practice in differing ways. Practitioners who in the past thought of themselves differently, now identify as human rights activists. They are also becoming more professional, but concerned about professionalization. Their self-interpretations reflect these concerns and also respond to the necessities of career events. Through the conscious and unconscious aspects of their practice, practitioners exercise considerable agency in adapting human rights discourse to their own concerns while also being critical of it.     

Externalizing Human Rights: From Commission to Council, the Universal Periodic Review and Egypt

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010.     

Contesting the ‘Active’ in active citizenship: youth activism in Cape Town,South Africa

ABSTRACT

In post-apartheid South Africa, efforts to encourage practices of citizenship and new citizens who will act in ways that support communities and the nation are promoted by government policies and networks of international organizations, civil society groups, and NGOs. In this paper, we analyse the pedagogy of citizenship that is common in these efforts and the role of ‘active citizenship’ within it. Relying on interviews with leaders of NGOs and activist groups and on participatory research with six organizations, we examine the ways in which different meanings and aspects of active citizenship are mobilized. Active citizenship is often dismissed depoliticizing citizenship and dampening dissent. The activists we interviewed and with whom we worked, however, challenge that critique. A central issue in our analysis are competing views as to whether active citizenship should be evaluated in terms of ‘effectiveness’ or ‘disruption.’ While some agents might incline toward effective and incremental change, many youth activists understand active citizenship as a tool that enables radical, disruptive acts capable of decolonizing South African society. Their use of active citizenship points to the need to avoid conflating citizenship with particular political goals and to not assume that active citizenship is necessarily and unequivocally enrolled in post-political consensus.     

A Difference-Centred Alternative to Theorization of Children's Citizenship Rights

The “rights revolution” has become a central feature of modern political consciousness and has resulted in a proliferation of theories about children's rights. Yet mainstream liberal theories in which children's rights are theorized rarely take children's rights as citizens seriously, due to the normative stance of liberal theories that construct children in terms of “not-yet-citizens”. This article argues for a difference-centred theory of children's citizenship rights by situating the analysis within feminist, anti-racist, gay, lesbian and transgendered theories of citizenship that are difference-centred. It discusses an alternative, difference-centred, articulation of children's citizenship rights through an analysis of their rights of liberty and equality. Through a broadening of liberal, normative notions of liberty defined around exercising individuated autonomous decision-making or the participation in citizenry duties, the article re-defines children's rights of liberty in relational terms that addresses their agency and acknowledges their presence as participating subjects in the multiple relationships in which they interact. It also re-articulates their rights of equality from a mainstream liberal interpretation of “equality-as-same” to one that treats children as “differently equal” members of the public culture in which they are full participants. Normative social institutional practices and assumptions become the focus of the analysis, which concludes that these have to change as they act as barriers that exclude and marginalize children's citizenship rights on the basis of their difference (real and constructed) from an adult norm assumed of citizens.     

The Unmaking of Citizens: Banishment and the Modern Citizenship Regime in France

As a means to shed light on modern citizenship, this article explores the history of the practice of banishment, deportation and the revocation of citizenship in the transition from the old regime to the new in France. Despite the acknowledged novelties in the understanding of citizenship ushered in with the French Revolution flowing from the adoption of the Declaration of the Rights of Man and Citizen, it is evident that there was an important continuity with old regime principles, namely, the notion of citizenship as a privilege. Indeed, not only did the French state maintain its power to revoke citizenship and expel its members, but the new republican understanding of citizenship along with a more disciplined international environment led to the transformation of the practices in ways more severe and debilitating for the convicted. This history of expulsion and revocation of citizenship rights is used to illustrate a basic tension in modern understandings of citizenship between an inclusive understanding of citizenship committed to an ideal of universal rights and the political and civic criteria for belonging that have in practice been used to police members by revoking the very privileges on which their protection of basic rights depended. The study then gestures to a way of resolving the tension, namely, a consideration of the idea of a fundamental right of citizenship itself.     

Sustainable citizenship for a technological world: negotiating deliberative dialectics

Incorporating the notion of sustainability is the biggest challenge for citizenship in a technological era. Existing conceptions of citizenship have not been able to grapple with compounded ecological, economic, cultural, and moral threats facing modern technology-infused societies. Nor has increased public participation, engagement, and dialogue resolved polarized positions on issues such as what constitutes quality of life or what is meant by the integrity of nature. This paper draws on the scholarship of both sustainability and citizenship to propose a framework of sustainable citizenship that seeks to emphasize shared values through a deliberated clash of ideas. Such a framework involves a negotiation of the dialectics of rights and responsibilities, state and non-state, public and private, human and non-human nature, universal and particular, and democracy and capitalism. The paper illustrates how sustainable citizenship can be applied to deal with contentious political and policy issues of new and emerging technologies.     

Cosmopolitan citizenship

Traditional statist approaches to citzenship emphasise the rights and duties which individuals have as members of bounded sovereign communities. They deny that citizenship has any meaning when detached from the sovereign nation‐state. Theorists in the Kantian tradition have used the idea of world citizenship to refer to obligations to care about the future of the whole human race. This article extends the Kantian approach by arguing for a dialogic conception of cosmopolitan citizenship. What distinguishes this approach is the claim that separate states and other actors have an obligation to give institutional expression to the idea of a universal communication community which reflects the heterogeneous character of international society.     

Justifying Human Rights: Does Consensus Matter?

This paper is a critical examination of a widely accepted method of human rights justification. The method defends the universality of human rights by appeal to diverse worldviews that converge on human rights norms. By showing that the norms can be justified from the perspective of diverse worldviews, human rights theorists suggest that there is reason to believe that human rights are universal norms that should govern the institutions of all societies. This paper argues that the evidence of plural foundations of human rights fails to increase our confidence in the universality of human rights. The paper defends the following claims: (1) the convergence on human rights is better explained as an accidental outcome than as an indicator of the universality of human rights, (2) the plurality of human rights justification is superfluous to the explanation of why human rights apply to all societies, (3) the aggregation of justifications decreases rather than increases the reliability of the universality belief, and (4) the reasonable disagreement among conflicting justifications generates an epistemic dilemma.     

Philosophers,Activists, and Radicals: A Story of Human Rights and Other Scandals

Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize human rights on the terrain of the social actors who put them to use, particularly radical activists that have a more critical relationship to human rights. Attempting to avoid the philosophical pathology of demanding that the world reflect our conception of it, we base our reflection on the ambiguous, and potentially un-patterned, texture of human rights practice—taking seriously the idea that human rights express a relationship of power, importantly concerned with its legitimate arrangement and limitation. In both the philosophical literature and human rights activism, there seems to be a consensus on basic rights as undeniable moral principles of political legitimacy. This use of human rights is contrasted with radical social movements that reject this conception of rights as ideological and illegitimate, making specific reference to the Zapatista movement (Chiapas, Mexico) and the Landless Peasant Movement of Brazil (MST, from the Portuguese Movimento dos trabalhadores rurais Sem Terra), which are critical of the human rights discourse, but also make strategic use of the idea and offer alternative articulations of political legitimacy.     

Interweaving Aboriginal/Indigenous Rights with Urban Citizenship: A View from the Winnipeg Low-Cost Housing Sector,Canada

State-society relations around low-cost housing in Canada changed from a period of strong federal leadership centred on social rights to a period of state retrenchment. A coalition of housing stakeholders from the public, private, and voluntary sectors self-organized in Winnipeg to create new low-cost housing following the 1993 discontinuation of federal social housing programs. This move toward urban citizenship was not received in the same way by Aboriginal peoples pursuing a distinctive set of rights centred on self-determination alongside common social (housing) goals. While Aboriginal rights are given regard at the federal level, they were not embedded in localized citizenship processes. Expanding the theorization of urban citizenship, the empirical results in this article reveal that discourses of democratic racism and cultural neutrality permeate mainstream views, running counter to Aboriginal citizenship pursuits.