Civil Rights and Social Welfare: Some Thoughts on the Contemporary Relevance of T. H. Marshall

This article draws on T H Marshall's celebrated classification of civil, political and social rights to examine the use of the courts by individuals seeking to establish rights to particular forms or models of welfare service provision. It argues that tensions between the collective and individual aspects of social rights, the relationship of social rights to inequality, and the difficulty of quantifying (and therefore enforcing) legitimate expectations, all make the use of litigation to establish social rights intensely problematic. Drawing on the recent UK Supreme Court case of R (on the Application of McDonald) v Royal Borough of Kensington and Chelsea, it goes on to suggest that it is unhelpful to think of social rights in terms of human rights: instead, we would do better to adopt Marshall's emphasis on the citizenship basis of social rights and on the social and political context within which they necessarily exist.     

T.H. Marshall and his critics: reappraising ‘social citizenship’ in the twenty-first century

T.H. Marshall's concept of ‘social citizenship’, developed in the 1949 lecture ‘Citizenship and Social Policy’, remains a vital study of welfare in developed nations. However, Marshall's social citizenship has come under attack as undermining civil liberties, or falling short of offering real equality to marginalised groups. This article returns to Marshall's lecture to show that he was in fact aware of such problems, but nonetheless held the provision of social rights to be a valuable normative project. Furthermore, this article argues that a new social citizenship, incorporating collective rights claims, could present a strong challenge to neoliberalism in contemporary welfare debates.     

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.     

The Limits of Political Citizenship

Policy makers tend to focus on the extension of citizenship as the primary means by which new populations become incorporated into a society. Although acquiring formal citizenship is necessary in order to participate in many aspects of a state's civic, social, and political life, the extension of legal citizenship is far from a guarantee for full membership. Instead of focusing exclusively on naturalizing immigrants, we need to consider T.H. Marshall's three spheres of citizenship—the civil, political, and social. By extending social elements of citizenship prior to or at the same time as we extend other benefits, we will move towards more complete citizenship for and greater civil and political engagement among all residents in our society—non-citizens, naturalized, and native-born, alike.

Political and social rights for second country nationals: freedom of movement and citizenship in Australasia

Agreements allowing regional freedom of movement inevitably raise questions about the citizenship status and rights of those who exercise regional mobility. In the case of the European Union, such questions have received considerable academic attention, particularly since the creation of European citizenship in 1992. Little attention has been paid to Australasia, where a long-standing freedom of movement agreement, the trans-Tasman Travel Arrangement (TTTA), permits New Zealanders and Australians to live and work indefinitely in each others' country. As the two countries pursue a single economic market, the TTTA has played a central role in facilitating the creation of a regional labour market. Changes to Australian social security and citizenship legislation, however, have meant that many New Zealanders permanently resident in Australia have limited social and political rights, and no access to citizenship. This article extends debates about whether the political and social rights of citizenship ought to be granted to second-country nationals into the Australasian context. It examines a range of arrangements by which citizenship could be protected during the current period of intense economic integration in Australasia, asking which provides the best fit with existing constitutional and political arrangements.     

The unbearable rightfulness of being human: citizenship,displacement, and the right to not have rights

Claims to human rights protection made by displaced persons are displaced from the universe of humanity and rendered ineffective by the geopolitical character of modern international human rights law, in favour of the protection of citizens' rights claims. In response, there is increasing interest in leveraging respect for and protection of the rights of displaced persons through extension of the rights enjoyed and supposedly borne by emplaced citizens. However, it is a mistake to assume that humans as citizens bear human rights or that the freedoms that they may be able to extend beyond state boundaries are universalisable. The extension of the right to citizenship functions to displace questions of human rights themselves. The question of the human in rights is in fact always displaced, as long as the human subject is acted upon as if it could possess rights. In paying attention to the critical perspectives with which displaced persons confront the citizen, she or he may come to appreciate the fact that the universality of human rights is served where one does not claim to have rights but, rather, actively engages, without limits, with others in the struggle for rights and their respect.     

Community,identity, orientation: sexuality,gender and rights in ASEAN

The Association of South East Asian Nations (ASEAN) escalated its community building project significantly over the last decade, culminating in the launch of a reformed and substantially integrated ASEAN Community at the end of 2015. This article considers what might follow from this newly reformed and rhetorically people-focused version of ASEAN for matters of sexual orientation and gender identity and expression (SOGIE). In claiming to be people-oriented and people-centred, and by developing a regional rights regime, ASEAN opens itself to standards by which it can be measured and held to account. We critically review ASEAN 2025: Forging Ahead Together, and consider civil society's response, focusing on the critique offered by the ASEAN SOGIE Caucus, the peak civil society organisation for ASEAN SOGIE matters. We focus on three themes: identity, visibility politics, and rights. We argue that while ASEAN falls short of its own rhetorical standards, these same standards support a politics which keeps rights in contestation, enabling civil society to push for accountability to international standards, and a more democratic politics.     

Ethnicizing citizenship,questioning membership. Explaining the decreasing family migration rights of citizens in Europe

Citizenship does not equal belonging. In this paper, we investigate how the disjunction between the ‘imagined community’ and the formal citizenry impacts on citizens’ rights. In particular, we analyse decision-making on the family migration rights of citizens in France, Germany and the Netherlands. Our analysis shows that in these three countries, notwithstanding their different migration and citizenship regimes, the reduction of citizens’ family migration rights is based on the same discursive mechanism: the ‘membership’ of citizens of migrant origin who marry a partner from abroad is called into question. As they are excluded from membership of the imagined community, their entitlement to family migration rights is decreased. Ethnic conceptions of national community, intersecting with gender and class, play a crucial role in shaping the rights attached to citizenship in Europe today.     

Making citizenship public: identities,practices, and rights at Woodsquat

The common conception of citizenship is that of belonging to a political community, with the ensuing rights and responsibilities of membership. This community tends to be naturalized as the nation-state. However, this location of citizenship needs to be decentred in order to investigate current modes of democratic participation. This paper investigates current sites and practices of citizenship through reflection on a tactical housing squat of an empty department store staged by an urban social movement in Vancouver in 2002, known as ‘Woodsquat’. It uses a social movement perspective to look at citizenship, emphasizing the identities, practices, and locations of democratic engagement over the collective question of how we will live together in these places. From this point of view Woodsquat shows current limits of national citizenship, conceptually and practically, and suggests alternative possibilities for future citizenship practices located in multiple identifications with (political) communities. Moving from this analysis of political participation at Woodsquat attention is brought to the importance of spaces of democratic communication for possibilities of citizenship, where there seems to be a reinforcing relationship between public spheres, social movements, and democracy. Ultimately, then, actions at Woodsquat are argued to be a form of citizenship that emerged within a democratic public.     

Migration,citizenship, and the problem of moral hazard

Recent literature on international migration focuses on the benefits it confers on migrants in the form of better opportunities and living conditions, as well as on households receiving remittance. Although legal migrants in OECD countries often enjoy more rights than they would at home, this paper also looks at some of the negative aspects for sending countries. The paper uses two cases, the Philippines and Morocco, countries that have elaborated large-scale and successful policies to facilitate the export of labor and the flow of remittances. Despite decades of massive migration abroad, Morocco still has surprisingly poor social indicators, whereas the Philippines, despite much higher social indicators, has significant levels of poverty. Despite the long-term use of this development tool, migration, while opening up opportunities for people who leave home, maybe less positive for those who remain behind. Citing the views of migration experts as well as local voices, this paper examines some downsides of migration, including its use as a safety valve for discontent that may actually delay demands for needed domestic reforms that would broaden social rights at home.     

Statelessness,identity cards and citizenship as status in the case of the Nubians of Kenya

Statelessness as a legal and political problem has attracted increasing attention from scholars and international advocacy organisations in recent years. This attention has predominantly focussed on the legal aspects of statelessness, and has generally held the acquisition of citizenship documentation as the primary goal in remedying citizenship deprivation. This article explores the merits of this focus through a case study of the Nubians of Kenya, widely considered stateless until recently. The article connects the focus on citizenship as documented status to a liberal conception of citizenship. The article identifies the ways in which this approach is helpful, that is, as a means of pursuing legal status and possession of individual rights. It then goes on to identify more important ways in which a liberal conception of citizenship falls short of accounting for the Nubians' citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition.     

The psychiatric power of neo-liberal citizenship: the North Korean human rights crisis,North Korean settlers,and incompetent citizens

This essay discusses how North Korean settlers in South Korea are engaged in the rubric of neo-liberal citizenship to program the idea of an enterprise of free and autonomous selves. I call into question the psychiatric intervention in the North Korean population deprived of psychological capacities to be autonomous and responsible for their social life. My argument is that the psychiatric diagnosis of strange mental properties presents the criteria of successful assimilation as an antidote to the psychological oppression that North Korean settlers must have experienced, encouraging the South Korean public to tolerate the social deviance of these settlers.     

Care-tizenship: precarity,social movements,and the deleting/re-writing of citizenship

A series of activist efforts across Europe have been organizing under the umbrella concept of precarity, with a long trajectory of movements facing flexibilization policies, austerity programs and migratory restrictions. The rise of precarity activism in Spain has worked at the intersections of increasing vulnerability and mobility producing a prolific body of activist literature and rich repertoire of strategies. This paper explores how alternative concepts of citizenship have developed within debates among precarity organizing prior to and after the financial crisis in Europe. Concretely, feminist precarity collectives in Spain came up with the play-on-words of ‘Care-tizenship’ to evoke a different notion of political belonging with updated collective rights. The original Spanish term is arguably the result of a typo: an accidental switching of the order of vowels in the word ciudadanía resulted in cuidadanía, which totally changed the root word: from city to care. Caretizenship suggests a community of practice forged by ties of caring relationships, mutually attending to basic needs in a context of increasing vulnerability among local, migrant and emigrant populations. While far from a working institution, this activist theorization provides a ‘horizon’ to work toward constituting an opening of political imagination.     

Citizenship agendas,urban governance and social housing in the Netherlands: an assemblage approach

This article combines recent conceptualizations of citizenship beyond the nation state with new perspectives on governance assemblages comprising both state and non-state actors. Focusing on Dutch social housing, this study explores how such governance assemblages produce agendas that attempt to shape citizenship. Employing an assemblage approach, this study first demonstrates how state and non-state actors amalgamate by providing a historical overview of the urban governance of social housing in the Netherlands. Second, taking account of the territory that the assemblage claims, it shows how underprivileged neighbourhoods become the spatial locus of these assemblages. Third, examining what this amalgam produces, the article shows how the assemblage imposes a citizenship agenda on the population of these neighbourhoods, distinguishing between ‘good’ and ‘bad’ citizens. Acknowledging that citizenship agendas are produced by a multifaceted amalgam of state and non-state actors, this article emphasizes the need for rigorous academic analysis of such governance assemblages.     

State,social policy and subaltern citizens in adivasi India

This paper argues that social policies work towards the subject-making of subaltern citizens by defining the grammar of state–subaltern relationship. The Forest Rights Act of India (2006) defines the state–adivasi relationship through a two-way process: claim-making by the indigenes for forest rights, and reduction of the discourse by the state into a politics of recognition without redistribution. While adivasis have employed their agency in wresting social policies from the state through protracted struggles, they are also made subjects of the state as they go about the Forest Rights Act procedure. The paper further points out that adivasi struggles and the organisations representing them constitute a distinct adivasi society contra the middle-class civil society. Though the spirit of the Act envisages substantive redistribution, the state institutions and the monitoring Non-Governmental Organisations have yet to adopt redistribution as a core narrative.     

Uncivil society and social policies in Brazil: The backlash in the gender,sexual, and reproductive rights and ethnic and racial relations fields

This paper analyzes how dynamics between Brazil's right-wing populist government and civil and uncivil organizations affected the role of civil organizations, especially rights-based ones, and Brazil's democratization process. These dynamics contributed to stripping policies of their progressive nature and rejecting the values of diversity, freedom, and equality. Our analysis relies on the inhabited institutions approach to comprehend the role of action, interaction, and meaning in institutionalized spaces. We analyzed two policy fields—gender, sexual, and reproductive rights, and ethnic and racial relations—through documents and in-depth interviews. Our analysis shows that Bolsonaro's government mobilized mechanisms related to institutional changes, the replacement of actors, and their interactions to inhibit civil society organizations' influence in policy formulation and provision and strengthen the participation of uncivil groups, thereby legitimating conservative ideas and discourses, and closing civic space for NGOs with rights-based agendas.     

Introduction: Social Media,Political Marketing and the 2016 U.S. Election

This essay introduces the contributions of the volume “Social Media, Political Marketing and the 2016 U. S. Election.” Using a variety of methodological approaches, the authors investigate the communication strategies of the Democratic and Republican candidates for president together with the responses of their audience. Collectively, this research offers insights into how new communication technologies are changing both political marketing and the ways candidates and voters interact.