Medborgarskap och Mänskliga Rättigheter - En analys kring statslösa romer i relation till forna Jugoslavien

Detta är en Kandidat-uppsats från Lunds universitet/Mänskliga rättigheter

Sammanfattning: This thesis seeks to investigate possible relations between two status functions; citizenship and human rights-holder. The theoretical framework is built on two theories. Hannah Arendt’s theory is about statelessness as a way to un-willingly loose ones possibility to claim rights, since there is no apparent duty-holder. John Searle’s theory concerns human rights as an institutional fact, and which circumstances this fact is built upon. These theories assemble into something more substantial through the context; a study about stateless Roma with origin in former Yugoslavia. The thesis discusses relevant terms and national (Macedonian and Slovenian) and international law. This material is complemented with two case studies, to concretize the significance of being stateless. The discourse analysis, made on relevant international conventions, seeks to clarify what the material actually say and how that discourse affects the treatment of stateless people. Different actors define citizenship and the concept of being a right-holder in different ways. An interesting fact is that a Romani-based organization (ERTF), defines themselves as both Roma nationals (without any pursue for a territory) and citizens of European countries. This new contribution to the discourse could help put forward a discussion about the right to have rights.

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