"Pravo na prava" u teoriji građanstva izvan suverenosti

Abstract

„The Right to Have Rights“ in Theory of Citizenship beyond Sovereignty

The institution of citizenship is characterized by its ambivalence with regard to the notions (and values) of inclusion/exclusion, rights/disempowerment, belonging/otherness. Historically and conceptually, citizenship has been developing in symbiosis with the ideas of equality, freedom, protection of rights and full membership in the political community. In this respect its emancipatory legacy is beyond doubt. In addition, the critique of abstractness of human rights, mostly developed by Hannah Arendt, influenced contemporary assertions that human rights and freedoms have little significance outside the framework of the state institution of citizenship. On the other hand, one could claim that citizenship represents legalized discrimination as it a priori presupposes a distinction between citizens and non-citizens as legitimate. Moreover, as citizenship one holds predetermines to a great extent one's life chances, it can be said to occupy a „pivotal place in the over-all segmentary architecture of the nation-state system“ (Brubaker). This citizenship paradox, its simultaneous emancipative and discriminative role, reveals itself more openly when confronted with the problems of refugees, irregular migration and statelessness. This paper analyzes these tensions and questions the possibility of their overcoming within the framework of the so-called citizenship beyond sovereignty.

The institution of citizenship is characterized by its ambivalence with regard to the notions (and values) of inclusion/exclusion, rights/disempowerment, belonging/otherness. Historically and conceptually, citizenship has been developing in symbiosis with the ideas of equality, freedom, protection of rights and full membership in the political community. In this respect its emancipatory legacy is beyond doubt. In addition, the critique of abstractness of human rights, mostly developed by Hannah Arendt, influenced contemporary assertions that human rights and freedoms have little significance outside the framework of the state institution of citizenship. On the other hand, one could claim that citizenship represents legalized discrimination as it a priori presupposes a distinction between citizens and non-citizens as legitimate. Moreover, as citizenship one holds predetermines to a great extent one's life chances, it can be said to occupy a „pivotal place in the over-all segmentary architecture of the nation-state system“ (Brubaker). This citizenship paradox, its simultaneous emancipative and discriminative role, reveals itself more openly when confronted with the problems of refugees, irregular migration and statelessness. This paper analyzes these tensions and questions the possibility of their overcoming within the framework of the so-called citizenship beyond sovereignty.