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Grounded in the context of rights-claiming, this paper critically assesses the emancipatory potential that rights-claiming practices have in democratic politics for marginalised communities. Drawing on the distinction between police/politics, and taking political action/acting politically the paper categorises politics/acting politically as emancipatory political action. Such actions declassify the existing categories and identities ascribed to marginalised groups by the liberal framework of rights. The paper proceeds by introducing two examples - the activist practices of the Roma community in Europe and of the African-American community in the USA. The paper shows how Roma campaigns for equality and Governments’ policies to address marginalisation of the Roma community are predicated on the existing framework of rights which are applied to the Roma situation. In contrast while campaigns for black empowerment invoke claims for rights and equality, they transgress the rights-claiming practices. Such actions reclaim and recreate “black identity” and in doing act politically. While both examples depart from rights-claiming context, the latter transgresses state lead narrative and ascribed political identities, whereas the former maintains/reproduces those very same identities. Through this analysis the paper outlines the condition for emancipatory politics within the broader context of rights-claiming.