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A Brave New British Citizenry? Reconceptualising the Acquisition of British Citizenship by Children

Authors: Prabhat, Devyani; Hambly, Jessica C;

A Brave New British Citizenry? Reconceptualising the Acquisition of British Citizenship by Children

Abstract

This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons for this neglect and posits that there exists a dichotomy in approaches to the wellbeing of children in the UK. The characterization of children’s interests and subsequent obligations owed by states to children are different in nationality law from other areas of law, notably, family law. Through our case study of the registration of children as British citizens, we argue that in the UK formal legal membership may appear achievable “in the books” but remains elusive in “law in action.” Children’s interests should be just as central to citizenship studies and nationality case law as to family law cases. A new approach to acquisition of British citizenship by children, with the best interests of the child as a critical evaluative principle at the heart of decision making, will usher in a new era. In the absence of such reconceptualization, children remain passive subjects of nationality law and their voices are unheard in processes of acquisition of citizenship.

Country
United Kingdom
Related Organizations
Keywords

340, name=Centre for Law and History Research, /dk/atira/pure/core/keywords/fssl_centre_for_international_law, name=Human Rights Implementation Centre, nationality, /dk/atira/pure/core/keywords/human_rights_implementation_centre; name=Human Rights Implementation Centre, /dk/atira/pure/core/keywords/human_rights_implementation_centre, /dk/atira/pure/core/keywords/fssl_centre_for_international_law; name=Centre for International Law, migrant, /dk/atira/pure/core/keywords/centre_for_law_and_history_research; name=Centre for Law and History Research, children, registration, Citizenship, /dk/atira/pure/core/keywords/centre_for_law_and_history_research, name=Centre for International Law, immigration

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green