SOLVING STATELESSNESS
assistance to stateless persons. These are specific obligations which
are not explicitly contained in the international human rights
framework. The 1954 Convention does not articulate these obligations
as a matter of equality, but, with the benefit of a more advanced and
comprehensive approach to human rights and equality law, both can
be seen as aspects of the State’s obligation to take positive action to
accelerate progress towards equality.°’ This is an argument which,
to the authors’ knowledge, has to date not been made to States. It is
an important argument to explore further because this type of cross
fertilisation between the 1954 Convention and equality law, by which
the latter is applied to and enriches the former, is essential if we are to
bring the protection of stateless persons (and ultimately the solving
of statelessness) in line with 21% century standards. Furthermore, the
equality framework is enriched by being confronted with the 1954
Convention, as an example of how the stateless - who for too long
have remained on the very margins (at best) of the equality discourse
— can very tangibly benefit from the targeted application of positive
action. As all States have obligations to not discriminate and to treat
all persons with equality, there is an argument to be made for even
States which are not party to the 1954 Convention to take these and
other positive measures to address the structural discrimination and
disadvantage faced by stateless persons.
Positive action demands not only that States acknowledge the
disadvantages faced by certain groups, but also that they take action
to correct those. Accordingly, it can be argued that, in tackling some of
the disadvantages faced by stateless people in accessing other rights
(as identified in section 2), States also have the opportunity and indeed
obligation to go further and institute positive measures for longer term
equality by solving statelessness. For example, while the State obligation
to tackle the indirect discrimination faced by undocumented stateless
children seeking to access education by removing the requirement for
identity documents to have this access is obvious, it can also be argued
that the State should treat this point of contact between stateless people
and the administrative system as an opportunity to step in and provide
stateless people with documents, which would often strengthen their
claim to nationality. Such a form of targeted documentation would be an
appropriate positive action measure.
57
See, T. Molnar, “A fresh examination of facilitated naturalisation as a solution
for stateless persons”, chapter 8 in this book.
117