Between Citizenship and Human Rights

This article explores the effects of the legalization of international human rights on citizens and non-citizens within states. Adopting a sociological approach to rights it becomes clear that, even in Europe, the cosmopolitanization of law is not necessarily resulting in greater equality and justice. In fact, ‘actually existing’ cosmopolitan citizenship is characterized by a proliferation of status groups that concretize new forms of inequality, including those of super-citizens, marginal citizens, quasi-citizens, sub-citizens and un-citizens. Far from inaugurating a new era of genuinely universal human rights, in some cases cosmopolitan law may even contribute to the creation of conditions in which fundamental human rights are violated.