The Global Citizenship Divide and the Negotiation of Legal Rights

  • Daiva K. Stasiulis
  • Abigail B. Bakan


The transition from non-citizenship to citizenship status for Third World migrants in First World states entails successfully navigating various legal, institutional, financial and ideological barriers that are established by a range of gatekeepers. Recent critical scholarship on citizenship has tended to neglect the centrality of these gatekeepers in regulating access to formal, juridical citizenship, based on the argument that democratic rights are ‘purely formal’ in the face of massive social inequalities. Dismantling legal restrictions on the enjoyment of rights is seen to be unlikely to ensure real advances in human autonomy and democracy without concomitant measures to reduce material inequalities.472 As Bridget Anderson has pointed out, citizenship debates have thus ‘rather taken for granted the right to citizenship in the formalized sense of what passport a person holds and an individual’s right to be present and work in a particular nation state’.473


Migrant Worker Immigration Policy Domestic Worker Permanent Residence Global Citizenship 
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  1. 472.
    Davia Stasiulis and Abigail B. Bakan, ‘Negotiating the Citizenship Divide: Foreign Domestic Worker Policy and Legal Jurisprudence’, in Radha Jhappan, ed., Women’s Legal Strategies in Canada ( Toronto: University of Toronto Press, 2002 ), 237–94.Google Scholar
  2. 481.
    Andrea Timoll, ‘Foreign Domestic Servants in Canada’, Honours Research Essay ( Department of Political Science, Carleton University, September 1989 ), 57–8.Google Scholar
  3. 490.
    Deborah Cheney, ‘Valued Judgments?: A Reading of Immigration Cases’, in Anne Bottomley and Joanne Conaghan, eds, Feminist Theory and Legal Strategy ( Oxford: Blackwell, 1993 ), 24.Google Scholar
  4. 503.
    See Rachel Epstein, ‘Domestic Workers: The Experience in B.C.’, in Linda Briskin and Lynda Yanz, eds, Union Sisters (Toronto: Women’s Press, 1983), 222–37; Fudge, ‘Little Victories and Big Defeats’, 125.Google Scholar
  5. 516.
    Margaret E. Keck and Kathryn Sikkink, Activists Beyond Borders: Advocacy Networks in International Politics ( Ithaca: Cornell University Press, 1998 ), 16.Google Scholar
  6. 518.
    Philip L. Bryden, ‘Fundamental Justice and Family Class Immigration: The Example of Pangli v. Minister of Employment and Immigration’, University of Toronto Law Journal 4 (1991), 516–17.Google Scholar

Copyright information

© Daiva K. Stasiulis and Abigail B. Bakan 2003

Authors and Affiliations

  • Daiva K. Stasiulis
    • 1
  • Abigail B. Bakan
    • 2
  1. 1.Carleton UniversityCanada
  2. 2.Queen’s UniversityCanada

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