The Globalization of Rights: From Citizenship to Human Rights

Globalization is shifting the balance away from membership-based citizenship towards universal human rights, thus we ask: how are new human rights generated? We argue that the movement for human rights follows on the heels of the much older and richer tradition of citizenship, as can be seen from the fact that many of the new claims put forward by human rights activists seek to define traditional citizenship rights as universal human rights. Most recently, we witness attempts by NGOs and CSOs to bring health, rights-based development, and identity rights under the umbrella of human rights. We examine the changing but continuous relationship of these two rights traditions, the gains made by human rights activists and the global solidarity and national enforcement capacity needed to underwrite their further progress.     

Urban Citizenship: Campaigns to Restore Immigrant Voting Rights in the US

International migration challenges traditional notions of citizenship as mobile citizens may retain or regain their right to vote in elections. This article examines the rebirth of noncitizen voting rights in US local elections during the past decades. While some campaigns provide voting rights only to authorized immigrants, other campaigns extend voting rights to all noncitizens regardless of their status. Some efforts have been led by immigrant rights organizations and other campaigns arose at the initiative of elected officials. Some measures have been passed—or were defeated—by a majority of voters in a jurisdiction (ballot proposal) while other measures have been passed—or were defeated—by elected representatives (as local statutes). Who spearheaded these campaigns for immigrant voting rights and why? What are key ingredients to the success or failure of these campaigns? What have been their impacts? Using qualitative and quantitative data gathered from field research and public records over the past decade, this article addresses these questions and their implications for advancing immigrant incorporation and democratic practice.     

Citizenship and Res Publica : The Emergence of Republican Rights

A fourth kind of citizens' rights--the republican rights--are being recognized and enforced in the last quarter of the twentieth century, after the civil, political, and social rights have been defined. Republican rights are the rights that every citizen has that the public patrimony, the res publica , is utilized on behalf of the public interest. While civil rights protect citizens against a powerful state, republican rights protect the state against powerful citizens involved in several forms of rent-seeking. Three major types of republican rights are identified: rights to the environment, to the historical patrimony, and to the economic patrimony. The last, in flow terms, corresponds to the state's revenues, which are permanently threatened by businessmen, bureaucrats, and all kinds of special interest groups, sometimes in subtle ways. To identify and contain these threats is a major challenge for modern institutions and law systems.     

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.     

Citizenship and Voting Rights: Should Resident Aliens Vote?

The disenfranchisement of non-citizens in democratic governments is close to universal. In this article this state of affairs is critically examined from the vantage point of the meaning of the democratic criterion of inclusion. The major difficulty for any such endeavour is the apparent vagueness and ambiguity of that criterion. Two distinct interpretations are distinguished, the principle of membership and the all affected principle. The argument is made that only the all affected principle provides a coherent account of who should be included in the demos. More importantly, the observation is made that on any reasonable interpretation of the “all affected” the right to vote in national elections for resident aliens follows. Thus, the current practice of exclusion is found to be fundamentally at odds with the basic understanding of the democratic idea.     

Neither Seen Nor Heard: Children's Citizenship in Contemporary Democracies*

This article addresses the subject of children's citizenship in liberal democracies. While children may lack full capability to act in the capacity of citizens, the political status to which they have been relegated leaves much to be desired. Paternalist policies dictate that children be represented politically by their parents, leaving them as or more vulnerable and excluded from private life as women were under coverture. Lacking independent representation or a voice in politics, children and their interests often fail to be understood because the adults who do represent them conflate, or substitute, their own views for those of children. Compounding this damage is the tendency for democratic societies to view children not as an ever-present segment of the populace, but rather as future adults. This encourages disregard for children's interests. Until democratic societies establish a better-defined and comprehensive citizenship for children, along with methods for representation that are sensitive to the special political circumstances faced by children, young people will remain ill-governed and neglected by democratic politics.     

Towards a New Politics: Citizenship and Rights in Contemporary Argentina

The emergence of a human rights movement represented a cultural turning point in many Latin American societies. The movement's struggle acted as a catalyst for political learning, triggering a profound renovation of the region's democratic traditions. The most impressive development has been the emergence of a rights-oriented discourse that reunites two elements that populist forms of self-understanding had kept separate: democracy and the rule of law. Cultural innovation gave birth to a new form of politicization that greatly differs from the movementist and corporatist practices of past populist movements, for the former is guided by a liberal concern: establishing clear institutional boundaries between state and civil society. Through the analysis of a series of citizens' initiatives and movements, the paper analyzes this new form of politicization and its contribution to the authorization and effectivization of rights as institutions.     

Rights and Wrongs across European Borders: Migrants,Minorities and Citizenship

Among the key issues in contemporary political debates across Europe are questions relating to migration, to the social and political rights of migrants and minorities and how these questions relate to new forms of citizenship in specific national contexts as well as across Europe as a whole. In this paper we want to explore the changing dynamics of debates about citizenship, migration, inclusion and exclusion in four European countries--Britain, France, Germany and Italy. Drawing on recent research we have carried out in each of these countries we analyse some of the key dimensions of recent debates and their impact on policy agendas, arguing for an analysis that reflects the various types of migration and movements of people that are shaping the current situation in many societies.     

Citizenship in China: a Comparison of Rights with the East and West

After the economic rise of China with the improvement in their standard of living, there have been many changes in the rights of citizens in China. This paper provides a broad survey of rights to see how China compares with the West and some countries in the Far East. This comparison assesses citizenship theory as it might apply to China, and then assesses a number of measures of rights. First, in order to make comparisons, the very different conceptions and theories of citizenship in China must be considered. Chinese citizenship is based on more of a communitarian model than a liberal or social democratic approach mainly due to Confucianism. Despite considerable improvement in citizenship rights, China’s reliance on a more communitarian citizenship theory (rather than liberal or social democratic theories) tends to emphasize obligations over rights. Second, in assessing the level of rights in China in the 21st century, T. H. Marshall provides the classification of legal, political and social rights. Using Freedom House, Fraser Institute and other data, I make cross-national comparisons between China and Western countries (e.g., the US, Canada and select European countries) and East Asian countries or regions (e.g., Japan, Indonesia, South Korea, Hong Kong and Taiwan). I also include Russia since it has made a similar transition from communist rule. The paper argues that citizenship rights for Chinese citizens have improved for many legal and social rights but not so much for political rights. However, all of these rights in China are much lower than in the West and much of East Asia, though in a few instances the levels are quite similar to Russia. I conclude with an estimate of the possible pathways toward greater political rights in China over the next few decades.     

Citizenship and Democracy: A Journey to Europe's Past

The relationship between citizenship and democracy is poorly understood, and the two notions are often used synonymously. Governing is obviously the central issue, but whereas citizenship seems to require self-limitation by calling on civic virtues, democracy is actually enlarging citizens' power. The Polish and Dutch Republics from the seventeenth and eighteenth century present an interesting mirror image of how citizenship and democracy relate to each other in political practice.     

In the Service of Power: The Global Political Economy of Citizenship and Human Rights

This article investigates how the idea of universal human rights has been co-opted by the prevailing (neo)liberal consensus in support of processes associated with capitalist globalization. So-called “civil and political” rights form the core of (neo)liberal values upon which free market, laissez-faire economics are based, but the idealism of the dichotomy of first and second generation rights is profoundly ideological. Through an examination of the idea of the international citizen, it is argued that the attempt to introduce a duty to promote the widest possible social good falls far short of an obligation to respond to claims for alternative conceptions of “economic and social” rights; far less alternative models of social affairs. Drawing on empirical evidence from Africa, the article contends that the dominance of (neo)liberal rights is integral to the emerging (neo)liberal constitution of the global order effected in the name of “human rights”, “democratization”, “citizenship”, “good governance” and “civil society”.

Never in the recent past have the founding principles of universal rights been so instrumentalized in the service of power, to such an extent that … in the opening years of the twentieth-century, we can speak of a veritable apogee of hegemony and an unprecedented crystallization of the hatreds that it arouses. (Bessis, 2003 Bessis, S. 2003. Western Supremacy: The Triumph of an Idea?, London: Zed.  [Google Scholar])     

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.