Theoretical and Legal Framework: Statelessness, Citizenship, and Rights Associated with Citizenship

This chapter has twin goals. I begin by outlining the concept of statelessness and then explore the distinction between de jure statelessness and de facto statelessness. I also look at how international law and international human rights law address the issue of statelessness. In this chapter, I argue that stateless people are unable to access citizenship rights and their exclusion is tantamount to domination, exploitation, and marginalization. Next, I conceptualize nationality and citizenship and discuss the evolution and development of citizenship. I also analyze the differences and similarities between nationality and citizenship and discuss the rights associated with citizenship. I further examine the constitutional laws of Bangladesh and the citizenship rights that exist in the constitution of Bangladesh. I argue that citizenship should be understood not just as a legal status or membership of a country. Rather, citizenship should be understood as a transaction of rights and responsibilities between a state and its members.