Exclusion by design? Rethinking democratic belonging through citizenship. Naturalization and the boundaries of membership in Switzerland

Abstract

This thesis examines the legal and normative foundations of citizenship, with a particular focus on Switzerland and the exclusion long-term non-citizens from formal membership. While Switzerland maintains a strong democratic tradition, nearly one-quarter of its population remains disenfranchised, lacking access to political rights and full societal participation. Through an analysis of Swiss citizenship law, international human rights instruments, and relevant case law, this thesis explores how formal naturalization procedures often fall short of reflecting the lived realities of social belonging. Challenging the view that citizenship lies exclusively within the sovereign discretion of states, the thesis engages with evolving shifts in the human rights framework and emerging normative concepts such as jus nexi—the idea that membership should be based on a genuine connection between the individual and the society in question. It argues that the current Swiss regime constitutes “exclusion by design,” reinforced by vague integration criteria, fragmented cantonal practices, and a lack of transparent oversight. The study advocates for a rethinking of citizenship as a right rooted in equality, dignity, and democratic participation. It concludes that individuals who demonstrate longstanding social attachments—particularly those born and raised in Switzerland—ought to have their right to belong recognized through access to citizenship. By doing so, Switzerland could bridge the gap between its democratic ideals and its exclusionary practices, reaffirming the principle that the ‘right to have rights’ begins with recognition as a full member of the political community.