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The exclusion of women from the protections of citizenship is manifestly their exclusion from the main arena of the political game. What de Gouges foregrounds in her declaration is the sexual background of this exclusion, which not only makes women illegitimate speakers in the political sphere, but renders their injuries inaudible as a result of this sexual exclusion. These injuries are manifested explicitly by rape and in more extreme fashion by the trade of women’s bodies. 43 The declaration fails to mention these injuries, but nevertheless, they are legitimated by it through the very act of its enunciation.
The declaration appoints new players in the political game and places itself at their service as a tool in their struggle. The declaration sought to guarantee political representation, which means participation in governmental power, while ensuring that this partnership, when resting on the principles of the declaration, can prevent the suffering that would be inflicted on individuals if they were not citizens. Citizenship guarantees not only that the subjects of sovereign power will enjoy equality before the law, but that the many laws, varying from one regime to the next, will have as their foundation a single, unchanging law, irrespective of place, one that would not require its reconstitution 37 Azoulay 1st pagesj 1/29/08 11:35 AM THE CIVIL Page 38 CONTRACT OF PHOTOGRAPHY under each and every sovereign.
7 Their status as citizens or noncitizens is what then characterizes the form of governance. 8 Citizenship as a protection of all the governed, is a precondition for legitimate government in the modern era. Returning to the three general definitions, but now with the understanding that both the citizen and noncitizen are, first and foremost, fundamentally governed, what emerges is not simply the fragile status of the noncitizen, but the fragile status of the citizen, as well. In the nation-state, the citizen’s rights are granted insofar as he or she is a member of a distinct collective of citizens in which citizens represent themselves and also are represented.