The expression “second-class citizens” (or “people of second class”) is not and has never been a legal term in modern democratic states' law. It is a socio-political metaphor, a rhetorical construct, and a powerful stigmatizing label used to describe situations of systemic inequality, discrimination, and the denial of rights to certain groups of the population who, de jure, have equal rights with other citizens but, de facto, are deprived of the ability to fully exercise them.
Legal science and legislation operate with precise, defined in regulatory acts concepts: “citizen”, “alien”, “stateless person”, “refugee”, “person with disabilities”, etc. These categories determine the legal status, set of rights and obligations.
The term “second-class citizens”:
Does not have a legal definition. It is not in constitutions, codes, or international conventions.
Is evaluative and emotionally charged. It carries an explicit negative assessment, which contradicts the principle of neutrality of legal language.
Fixes not the formal status, but the actual position. It describes social reality, not a legal norm. Its use is always an accusation of violating the principle of equality enshrined in law.
The phrase is used to critically describe situations where there is a gap between declared equality and actual practice.
1. Historical precedents of formal inequality (when unequal status was enacted by law):
System of apartheid in South Africa (1948-1994): The black majority of the population was legally deprived of political and many civil rights through registration laws, segregation, etc. This was a classic case of an officially established status of “second-class people”.
Jim Crow laws in the United States (late XIX - mid XX century): After the abolition of slavery in the southern states, laws were adopted establishing racial segregation and restricting the voting rights of African Americans. Although they were formally “citizens”, their status was curtailed.
Caste system in India: Although discrimination based on caste is now prohibited by the constitution, historically untouchables (dalits) occupied a low, disfranchised position, which de facto persists in many areas of life.
2. Contemporary situations of de facto inequality (where the metaphor is most often applied):
Migrants and persons with an unresolved status: Even with legal permits to work or residence, they often face restrictions on access to social services, legal insecurity, exploitation, and domestic xenophobia, being “incomplete” participants in the social contract.
The poorest layers of the population: People living below the poverty line may formally have all rights but lack real access to quality education, healthcare, justice (the phenomenon of legal nihilism due to poverty) due to economic barriers.
Residents of remote or depressed regions: Inequality in infrastructure, quality of state services, and economic opportunities creates a sense of “second-classness” based on territorial criteria.
Some categories of persons with disabilities: Despite progressive legislation, physical and social barriers may make their rights (to education, employment, mobility) difficult to realize.
The metaphor describes a situation where a group of people:
Formally possess citizenship and basic rights.
Modern law is developing in the direction of eliminating the grounds for such a situation. Key legal principles and concepts that directly deny the possibility of “second-classness”:
The principle of equality of all before the law and the court (Article 19 of the Constitution of the Russian Federation, Article 14 of the European Convention on Human Rights).
The concept of the prohibition of indirect discrimination in international and European law: when a seemingly neutral rule places individuals of a certain group in an unjustifiably unfavorable position.
Simplification of complex social problems.
Stigmatization of already vulnerable groups, cementing a degrading label on them.
Conclusion
Thus, “second-class citizens” is not a legal term, but a sociological and political characterization, a diagnosis of a serious illness of society. It indicates a deep gap between high legal principles of equality and the harsh reality of systemic injustice. Its appearance in public discourse is a signal of a serious crisis of human rights implementation and defects in the social contract. The task of modern law and law enforcement practice is not to let this metaphor become a reality, but to ensure that equality enshrined in laws becomes equality in life chances and everyday experience of each person. The actual position of “second-classness” arises where the law exists on paper but does not work in life, and the struggle against this is the main challenge for any society aspiring to be just.
© elibrary.org.uk
New publications: |
Popular with readers: |
News from other countries: |
 |
Editorial Contacts |
About · News · For Advertisers |
 British Digital Library ® All rights reserved.
2023-2026, ELIBRARY.ORG.UK is a part of Libmonster, international library network (open map) Keeping the heritage of the Great Britain |
|
US-Great Britain
Sweden
Serbia
Russia
Belarus
Ukraine
Kazakhstan
Moldova
Tajikistan
Estonia
Russia-2
Belarus-2
