International Principles concerning Statelessness and Nationality
How statelessness is addressed nationally is guided by principles in international law. There are several international instruments that stipulate rights related to nationality and statelessness. The most prominent examples are listed below.
How statelessness is addressed nationally is guided by principles in international law. There are several international instruments that stipulate rights related to nationality and statelessness. The most prominent examples are listed below.
- Article 15 (1) of the Universal Declaration of Human Rights states “everyone has the right to a nationality”.
- Article 15 (2) states "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality".
This declaration is considered the leading document guiding human rights, and is widely accepted as customary international law. Article 15 is the guiding principle of those concerned with statelessness and nationality law.
1951 Convention relating to the Status of Refugees
In 1951 the Convention relating to the Status of Refugees was adopted, and the planned Protocol relating to the Status of Stateless Persons, which was intended to accompany it, was deferred for further study. While the 1951 Refugee Convention applies to some stateless persons, its application is limited to those who are also refugees. Article 1A (2) provides that the Convention applies to a person who:
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owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
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Only those stateless persons who are outside of their country of habitual residence and who have a well-founded fear of persecution on one of the enumerated grounds are protected under the 1951 Refugee Convention.
1954 Convention relating to the Status of Stateless Persons
The 1954 Convention seeks to regulate and improve the legal status of stateless persons, and to ensure non-discriminatory protection of their fundamental rights and freedoms by the state in which they reside. Many of its provisions are identical to those of the 1951 Refugee Convention. These include, inter alia, the core non-discrimination obligation, provisions on religious freedom, juridical status, employment, welfare, freedom of movement, issuance of travel and identity documents, and an obligation to ‘facilitate assimilation and naturalisation’. In addition the 1954 Convention prohibits expulsion of stateless persons ‘save on grounds of national security or public order’. White the 1954 Convention encourages the naturalisation of stateless persons, it does not require a state to grant its nationality to a stateless person.
1961 Convention on the Reduction of Statelessness
The 1954 Convention seeks to ensure a legal status and minimum level of protection for stateless persons wherever they may be, but leaves to the 1961 Convention on the Reduction of Statelessness the question of which nationality an individual should have. The 1961 Convention aims at reducing future statelessness by setting international standards for national laws on the acquisition and loss of nationality. The Convention provides “for the acquisition of nationality by those who would otherwise be stateless and who have an appropriate link with the State through birth on the territory or through descent from nationals, and for the retention of nationality for those who will be made stateless should they inadvertently lose the State’s nationality”.
The Convention accepts both the jus sanguinis and jus soli approaches to citizenship. It includes detailed provisions on the grant of nationality, loss and renunciation of nationality, deprivation of nationality and transfer of territory. It provides for an international agency to assist stateless persons, and like other international conventions, for the submission, rarely resorted to, of inter-state disputes regarding its interpretation or application to the International Court of Justice. The Final Act of the Conference, like that of the 1954 Convention, recommends that de facto stateless persons be treated as far as possible like de jure stateless persons, so that they too may acquire effective nationality.
- Article 2 (1) Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Article 2 (2) Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. [...]
- Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.
- Article 24 (1) Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
- Article 24 (2) Every child shall be registered immediately after birth and shall have a name.
- Article 24 (3) Every child has the right to acquire a nationality.
- Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Article 7 (1) The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and [...]
- Article 7 (2) States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
- Article 8 (1) States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
More examples are explored in the document below.
More examples are explored in the document below.
For more information on statelessness in international law, see
UN, Extracts relating to nationality and statelessness from selected universal and regional human rights instruments (above)
UNHCR, 2010, Expert Meeting: The Concept of Stateless Persons under International Law Summary Conclusions
Edited by Alice Edwards and Laura van Waas, 2014, Nationality and Statelessness under International Law
