Unit 3: Basic Concepts: II

Table of Contents

Citizenship

Meaning, Features, Genesis and Development

Citizenship denotes the status of a person recognized under law as being a legal member of a sovereign state. It entails a relationship of rights and responsibilities between the individual and the state.

Features:

  • A legal status granted by a state.
  • A source of identity.
  • Entails a set of rights (civil, political, social).
  • Involves duties or obligations (obeying laws, paying taxes, etc.).

Genesis and Development: The concept evolved from ancient Greece (where it was limited to property-owning men) to the Roman Empire (where it was a legal status) to the modern nation-state, where it is linked to national identity. Sociologist T.H. Marshall described its development as the progressive acquisition of civil, then political, and finally social rights.

Methods of Acquisition and Loss of Citizenship

  • Acquisition:
    • Jus Soli (Right of Soil): Citizenship by birth within the territory of a state.
    • Jus Sanguinis (Right of Blood): Citizenship by descent, from one's parents.
    • Naturalization: A legal process by which a non-citizen acquires citizenship.
  • Loss:
    • Renunciation: Voluntarily giving up one's citizenship.
    • Termination/Deprivation: The state revoking citizenship, usually due to fraud or acts of disloyalty.
    • Acquiring citizenship of another country.

Rights

Meaning, Features, Kinds of Rights

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people.

Rights are claims of the individual recognized by society and the state.

Features of rights include:

  • They are claims of individuals.
  • They are essential for individual development.
  • They are recognized by society and (usually) enforced by the state.
  • They imply a corresponding duty (e.g., your right to life implies a duty on others not to harm you).
  • They are dynamic and can change over time.

Kinds of Rights:

  • Natural Rights: Believed to be inherent to human beings, not dependent on laws (e.g., life, liberty, property, according to Locke).
  • Moral Rights: Claims based on principles of ethics and morality, which may or may not be legally recognized.
  • Legal Rights: Rights recognized and enforced by the laws of a state. These can be further divided into:
    • Civil Rights: Rights protecting individuals' freedom from infringement by governments (e.g., right to life, freedom of speech).
    • Political Rights: Rights to participate in political processes (e.g., right to vote, right to contest elections).
    • Economic and Social Rights: Rights to basic necessities for a dignified life (e.g., right to work, right to education, right to healthcare).

Human Rights & the UNO

Human Rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. The concept gained international prominence after World War II.

The United Nations (UN) plays a central role in promoting and protecting human rights. The cornerstone document is the Universal Declaration of Human Rights (UDHR), adopted in 1948. While not legally binding, it sets a common standard for all nations. Key legally binding treaties include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

State

Definition and Evolution

The state is the primary institution in political life. It is a political organization that possesses sovereignty over a defined territory and the people within it.

According to the Montevideo Convention (1933), the four essential elements of a state are:
  1. A defined territory.
  2. A permanent population.
  3. A government.
  4. Sovereignty (the capacity to enter into relations with other states).

The modern state system is often traced back to the Treaty of Westphalia (1648), which established the principles of state sovereignty and non-interference.

Relationship between State and Civil Society

This is a crucial distinction in modern political thought.

  • State: Refers to the apparatus of government—the legislature, executive, judiciary, police, and military. It is based on coercion and authority.
  • Civil Society: Refers to the 'private sphere' of autonomous groups and associations, independent of the state. This includes families, NGOs, trade unions, religious groups, and community organizations. It is the realm of voluntary action.

The relationship can be both cooperative and confrontational. A strong civil society is often seen as essential for a healthy democracy because it can check the power of the state, articulate public demands, and foster democratic values.