Politics

公民权是一项权利吗？

May 6, 2014 Peter Singer

墨尔本—你的政府应该具有剥夺你公民权的能力吗？

在英国，从1918年开始，政府便拥有了剥夺归化英国公民的公民权的法律权力。但是，在2005年伦敦交通系统恐怖爆炸案发生前，这一权力极少实施。2005年后，伦敦政府剥夺了42人的公民权，其中2013年有20起。英国内政大臣特蕾莎·梅（Theresa May）说，公民权是“一项特权，而不是权利。”

42个被剥夺公民权的人大多拥有双重国家，但穆罕默德·萨克尔（Mohamed Sakr）不在此列。他的父母从埃及来到英国，但他没有埃及公民权。因此，在英国政府剥夺了他的公民权后，他成了无国籍人士。

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Peter Singer

Writing for PS since 2001
214 Commentaries

Peter Singer, Professor of Bioethics at Princeton University, is Founder of the nonprofit organization The Life You Can Save. His books include Animal Liberation, Practical Ethics, The Ethics of What We Eat (with Jim Mason), Rethinking Life and Death, The Point of View of the Universe, co-authored with Katarzyna de Lazari-Radek, The Most Good You Can Do, Famine, Affluence, and Morality, One World Now, Ethics in the Real World, Why Vegan?, and Utilitarianism: A Very Short Introduction, also with Katarzyna de Lazari-Radek. In April 2021, W.W. Norton published his new edition of Apuleius’s The Golden Ass. In 2013, he was named the world's third "most influential contemporary thinker" by the Gottlieb Duttweiler Institute.

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Cole Redley May 12, 2014

Huge confusion between "citizenship" and "nationality", because of the lack of legal definition of both. We're sorry there's no more rigor in this article.
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j. von Hettlingen May 10, 2014

Mr. Singer asks: "Should your government be able to take away your citizenship"? Britain's Home Secretary Theresa May has recently said that citizenship is "a privilege, not a right." Indeed, her "government has revoked the citizenship of 42 people, including 20 cases in 2013".
This happens offen when the Home Office waits until the targeted individuals are outside the UK before stripping them of their citizenship. Challenging the decision from abroad can be difficult, especially if issues of national security are involved.
Under section 40 of the British Nationality Act 1981, as amended in 2006, after "the terrorist bombings on the London transport system in 2005", the Home Office may make an order depriving a person of citizenship status if they believe that deprivation is "conducive to the public good". No reasons need be given and no court approval is required, to render a suspected terrorist stateless.
Foreigners who have become naturalised citizens whose conduct is deemed "seriously prejudicial" lose their nationality. In the past British citizenship used to be close to irrevocable for those born in Britain, but that is no longer true. People with dual nationality can already lose their British passports.
Critics maintain that home secretaries can not rob individuals of their citizenship arbitrarily, saying they may render someone stateless only in "very, very specific and limited circumstances" and in strict accordance with Britain's international obligations.
How desirable is the British citizenship, when some one is a suspected terrorist - on the run or in hiding? It would not prevent him from being prosecuted. Abroad he would not be able to use the British passport, knowing he is wanted by the Interpol, and can not seek consular help from British diplomats.
Mahdi Hashi, 25, became British citizen after he left Somalia with his family to settle in London in 1995. In June 2012 when Hashi was in Somalia, he was told his citizenship was to be revoked due to alleged Islamist extremist involvement. Hashi claimed this was done to pave the way for his extraordinary rendition to the US. Before Christmas 2012, US prosecutors said Hashi was flown to New York by the FBI and charged with providing material support to al-Qaeda-linked militant group al-Shabab. He is currently awaiting trial on terrorism charges.
In Switzerland, the judiciary sees it as preventive justice to strip a naturalised Swiss convict or recidivist of his/her citizenship, if he/she has to serve a rather long sentence. No doubt the Swiss authorities would not act differently as Britain should a naturalised Swiss be found guilty of terrorism.
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Heather Alexander May 7, 2014

Thank you for your article on this important topic. What is missing is a discussion of nationality as a basic human right, as supported by the Universal Declaration of Human Rights Article 15. Some scholars argue the prohibition against deprivation of nationality on discriminatory grounds such as race is jus cogens, a peremptory norm. National laws depriving citizens of their nationality must be clearly defined and limited in scope. Other scholars have pointed out there is no internationally accepted definition of "terrorist". Without a clearly defined legal standard for classifying someone as a "terrorist", there is a presumption the law will be applied by countries in a discriminatory manner, therefore, such a vague definition cannot be the basis of deprivation of nationality.
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公民权是一项权利吗？

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