Dual citizenship as human right

Author: Spiro, Peter J.

Source: International Journal of Constitutional Law, Volume 8, Number 1, January 2010 , pp. 111-130(20)

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Abstract:

Dual citizenship has become an unexceptional status in the wake of globalization yet remains at the sufferance of states. This essay advances the novel claim that dual citizenship should be protectable as a human right. In light of the threat that dual nationals once posed to stable bilateral relations, states were justified, historically, in suppressing the status. As that threat has dissipated, the values of freedom of association and liberal autonomy implied by citizenship ties should trump lingering state resistance. Failure to recognize the status also burdens the exercise of political rights by raising the cost of naturalization. Insofar as dual citizenship undermines state solidarities, that interest is too diffuse to justify nonapplication of associational and self-governance norms. There is growing evidence from state practice that dual citizenship is appropriately situated in a human rights framework.

Document Type: Research article

DOI: http://dx.doi.org/10.1093/icon/mop035

Publication date: 2010-01-01

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Published in association with the New York University School of Law, I"CON is dedicated to international and comparative constitutional law. I"CON has international editorial and advisory boards and an international focus. It examines an array of theoretical and practical issues and offers critical analysis of current issues and debates. In addition, I"CON looks at global trends that carry constitutional implications. It features scholarly articles by international legal scholars, judges, and people from related fields, such as economics, philosophy, and political science.