SOLVING STATELESSNESS as their race and religion when interacting with national laws and regulations governing nationality. This includes a requirement that the State ensure that individual officers are adequately trained on their obligation not to discriminate and that individual decisions are subject to sufficient oversight. 3.2.3 Indirect discrimination on grounds of statelessness The equality framework also helps protect against indirect discrimination. Often less easy to identify than direct discrimination, indirect discrimination occurs when a provision, criterion or practice puts people characteristic, at a particular in disadvantage circumstances where the because of a protected provision, practice cannot be justified as a proportionate means a legitimate aim.** As is identified in 2.2 above, criterion or of achieving in addition to the prejudice and stigma on grounds of their statelessness, race or other characteristics that many stateless people report facing in their day-to-day lives and which limits their ability to enjoy education, work, healthcare and other basic rights (which constitutes direct discrimination), structural and apparently neutral barriers also exist. A particularly prevalent form of indirect discrimination affecting stateless persons relates to the need for identity documents in order to access services. Many States require individuals to provide identity documents - which stateless people are less likely to have - in order to access their rights. For example, parents of children in Nepal are increasingly being required to show the child’s birth certificate in order for the child to be enrolled in school.*? However stateless parents in Nepal have reported being unable to obtain birth certificates for their children.** In addition to the underlying direct discrimination which may have caused their statelessness, this requirement to show °2 °3 4 See, Equal Rights Trust, Declaration of Principles on Equality, supra n4, Principle 5. Whether or not the disadvantaged person has to possess the protected characteristic themselves, be associated with someone who possesses that characteristic or simply be disadvantaged by a rule which indirectly discriminates against others, has recently been opened for question by the judgment of the Court of Justice of the European Union in Case C-83/14, CHEZ Razpredelenie Bulgaria AD v. Komisia za Zashtita ot Diskriminatsia, 16 July 2015. Equal Rights Trust, My Children’s Future, supra n2, p. 33. [bid. 115

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