Rights and Responsibilities of Citizenship

The British Institute of International and Comparative Law was asked by the the former Attorney General Lord Goldsmith QC to undertake research on a project on the Rights and Responsibilities of Citizenship. This independant study formed part of a wider review of Governance in Britain conducted by the United Kingdom's Ministry of Justice.

As demonstrated in the Green Paper on the Governance of Britain, there is a lack of clarity regarding the rights and duties attached to citizenship. It is thought that the current understanding of citizenship is wrought with confusion regarding often complex entitlements and responsibilities that do not always rely specifically on citizenship as a foundation, but often rely on residence.

Furthermore, the globalization of the economy has eroded the significance of the State, and challenges our traditional sense and understanding of citizenship; citizenship has burst the borders of the nation-state. This highlights the need for a clearer definition of the concept of citizenship to ensure that a "feeling of belonging" and of collective identity is a reality.

In order to achieve this goal, the Institute conducted its research in three distinct phases:

1. Compiling information relating to international concepts or legal principles of citizenship, such as treaties and relevant customary law. This approach also includes an evaluation of the interface between human rights and national discretion regarding citizenship in the light of the Nottebohm case before the International Court of Justice. Particularly, we considered whether there had been a recent return to the idea of 'genuine connection' as interpreted by the International Court of Justice or alternatively, whether such a return might be favourable (and feasible) in today's globalised climate.

2. The second aspect of the Institute's study consisted of national case studies of not only those countries referred to in the Green Paper (US, Australia, France), but also countries, such as Denmark or Spain, which are of particular interest and relevance for the United Kingdom because they have definite views on citizenship. A review of citizenship through the lenses of civic participation and social responsibility, as well as the perspectives of countries that have addressed these issues in the past, was used to clarify questions of what it means to be a citizen. The Institute built upon the structure of its Citizenship White Paper of 1994 by compiling a representative list of the hallmark rights and duties of citizenship in the sample countries. We then ascertained whether and to what extent the enjoyment of rights and duties is linked to one's status as a citizen or a national. Such an analysis implies an overview of constitutional law, as citizenship is an expression of the legal and social bond formed between the individual and the State. We also reviewed the creation of EU citizenship under Article 17 (ex 8) of the Maastricht Treaty and its possible status as a 'true' form of citizenship which is not bestowed for any economic reasons, but rather for nationalistic reasons.

3. Finally, the study explored initiatives taken in other European countries concerning citizenship education. There is a new trend toward policies aimed at improving the quality of life for all members of society, regardless of their country of origin. Such policies have overwhelmingly taken the form of citizenship education initiatives.

A group of consultants lended their expertise to the project: Piers Gardner (Former Director of the Institute) will lead an Advisory Panel of the following experts: Professor Gillian Triggs, Professor Margot Horspool (Professorial Fellow at the Institute) and Professor Kim Rubenstein (Director of the Centre for International and Public Law at the Australian National University).

The Report is available for download here.

For further information, please contact Justine Stefanelli, Faria Medjouba, or Monica Sanchez.