Enforcing the Human Rights of Citizens and Non-Citizens in the Era of Maastricht

Some Reflections on the Importance of States

Bibliographic Data

ID3883984
AuthorsJacqueline Bhabha (University of Chicago, corresponding author)
Year1998
Volume29
Issue4
Pages697-724
Publication date1998-10-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueDevelopment and Change (JOURNAL)
Journal identifiersISSN: 0012-155X • E-ISSN: 1467-7660
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1467-7660.00096
OpenAlexW2120840133
LanguageEN
Citations received7

This article explores the impact of globalization in the context of human rights enforcement within the European Union. It argues that despite the growing impact of transnational forces and supranational institutions, national mechanisms are still crucial in enforcing international obligations, so that states remain critical players rather than diminishing entities. The article considers the development of human rights as a fundamental norm within the European Union, and explores the relevance of this norm for third country (i.e. non-European) nationals. It argues that restrictionist policies designed to curtail immigration and exclude asylum seekers override international human rights obligations voluntarily entered into by the European member states. Even the concept of European Union citizenship, designed in part to address the rights deficit within Europe, has not so far created a base of fundamental rights capable of trumping state interests, but rather functions primarily as an exclusionary concept directed against non-Europeans

Citizenship · Context (archaeology) · Economics · Enforcement · European union · Fundamental rights · Globalization · Human rights · Immigration · International human rights law · International trade · Law and economics · Norm (philosophy) · Political economy · Political science · Politics · Sociology · State (computer science) · European Criminal Justice and Data Protection · European Union Policy and Governance · Law

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