Dos modelos frente a la diversidad cultural: igualitarismo formal y ciudadanía diferenciada

Contemporary globalized societies are culturally and religiously plural. Nation states apply different juridical regulation vis-a-vis diversity. Segregation and total assimilation of minority groups are not compatible with international standards of human rights. Among the regulations that are compatible with those standards there are two categories. Firstly, the formal egalitarian approach, related to the liberal-republican tradition, which is based on a formal consideration of equality and disregards identity differences. Secondly, theoretical proposals which promote the recognition of rights based on cultural and religious identities. These proposals, however, require a more flexible consideration of the equality principle.     

Muddy waters: citizenship and the right to vote in the Commonwealth Caribbean migratory context

Two global voting trends are noted in the electoral studies literature: the exclusion of resident noncitizens and the inclusion of non-resident citizens in national elections. These two research streams are rarely studied together. By analysing both of these trends in the Commonwealth Caribbean, the article reveals how the assumed relationship between citizenship and the right to vote does not always hold. Citizenship is neither necessary nor sufficient to exercise full political rights. The Commonwealth Caribbean thus diverges from global voting trends and illustrates the complexities and changing shape of the relationship between citizenship and the right to vote.     

Nationality and citizenship in the Commonwealth census record

In the nineteenth century, censuses were instituted throughout the British Empire, obtaining an inventory of the characteristics and skills of the population. They generally included a question on nationality. During the twentieth century, a common British nationality gave way to individual national state citizenships. Some attempts were made to maintain a Commonwealth link, but by the twenty-first century any sense of an overarching Commonwealth identity had been lost. Furthermore, even in the remaining overseas territories and dependencies local residency status replaced a common British citizenship. The introduction of a national identity question further indicated the decline in identification as ‘British’.     

“Why not love our language and our culture?” National rights and citizenship in Khrushchev's Soviet Union

This paper highlights campaigns for national rights among two non-titular communities in the Soviet Union and places them in local historical contexts. Drawing on archival sources and oral history interviews, the author not only delves into the campaigns themselves, but also explores broader debates about the nature of Khrushchev's Thaw and Soviet citizenship, which was far from an empty concept in the Khrushchev era. Petitioners invoked discourses that indicate both an awareness of national rights and an expectation of the state's obligation to protect them. Oral history interviews with surviving petitioners and community members support the notion that petition language can serve as a reflection of how petitioners viewed their place in Soviet society and interpreted the Soviet citizen contract.     

Developing Citizens: Missed Opportunities in Health and Social Service Provision? A View From Aotearoa New Zealand

This article is a reflection on an evaluation of multisystemic therapy services in Aotearoa New Zealand, established to treat young people aged 12–16, for alcohol and drug misuse and to decrease unwanted or “antisocial” behaviors. The therapy engaged parents/caregivers in a systems approach and did not require the young person to be directly engaged. This raised three issues. First, because the young people were not active participants, the services missed the opportunity to help the young people develop skills of self management. Second, this lack of engagement created a missed opportunity to engage the young person to re-establish or reconnect relationships that had been harmed. Finally, we reflect on the cultural fit of the service with Māori values. These issues raise a number of questions about the aims of service provision with young people and the assumptions that underpin particular types of service.     

A tribute to Willem Assies (1954–2010): reflections on his contribution to peasant and indigenous studies

This article discusses the manifold contributions of Willem Assies to the social sciences and Latin American studies. It focuses on his writings on agrarian and peasant studies, social movements, and indigenous peoples. In particular, he made important contributions to our understanding of multicultural citizenship, the multiethnic state, and plurinational democracy. His writings had a major impact on those working on rural and indigenous peoples' issues, although the Dutch academic establishment largely failed to appreciate his exceptional talents. It is argued in this article that he never wavered from his early recognition of the importance of class in social analysis, while acknowledging its limitations. In his view, one of the central challenges facing the indigenous peoples' social movements was how to link indigenous issues to general national problems. To what extent had they met this challenge? His premature death prevented him from exploring this key issue further, but hopefully other scholars will take up the baton and continue to debate his ideas.     

Citizenship narratives in the face of bad governance: the voices of the working poor in Bangladesh

The complex nature of the challenge posed by state–society relations to the realization of citizenship rights in poorer countries reflects the unwillingness as well as incapacity on the part of the state to guarantee basic security of life and livelihoods to its citizens, and its proneness to capture by powerful elites. Identity, affiliations, and access to resources continue to be defined by one's place within a social order that is largely constituted by the ascribed relationships of family, kinship, and community. These ‘given’ relationships pervade all spheres of society and render irrelevant the idea of an impersonal public sphere that individuals enter as bearers of rights, equal in the eyes of the law. This paper explores the proposition that the possibility of belonging to alternative associations whose membership is chosen rather than ascribed by social position offers pathways to a more democratic social order. Bangladesh offers an interesting context to explore this proposition both because it embodies many of the problems of bad governance outlined above and because it contains a large number of civil society associations, many of which work primarily with the poor. The paper is based on interviews with members of some of these organizations in rural and urban areas of the country.     

公法体系要以公民的公权利为本

要实现2010年形成中国特色社会主义法律体系(包括公法体系)的立法规划,应当转变立法思路上的偏颇,在立法指导思想和立法重心上予以适当词整:从以经济立法为重心,转变到以人为本,以公民的私权利和公权利为本,实行以政改立法和社会保障立法优先的方针.公法不应当只是保障国家的公权力的法,而是规范国家和公民社会之间的关系的法,是公权力与公权利的关系的法.公法不意味着只是以国家利益为本位,而应当以人为本,以人权和公民权为本;不应该只是以经济为中心,仅仅是把法律作为对经济保驾护航的工具;应该以宪政的立法为核心,为首脑,而人权和公民权是这个体系的心脏、灵魂.     

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.     

Assessing models of citizenship in the EU: the idea of responsive citizenship

There is an interesting debate about democracy and citizenship in the EU. Views diverge about the features of democratic deficits currently facing the EU and accordingly, about the scope for Union citizenship. The paper suggests an analytical distinction between asymmetric and symmetric normative models of dual – national and Union – citizenship. Moreover, it proposes an alternative model of dual citizenship that puts emphasis on the responsiveness of citizens vis-à-vis phenomena that undermine democratic governance and the claim for equal respect and concern. One of the main ideas of responsive citizenship is that effective democratic control should complement procedural legitimacy in the EU as a means to prevent phenomena of political domination and guardianship. This is possible through the combination of competences ascribed on citizens through national and Community legislation vis-à-vis national and Union executive bodies.