4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY
AND NON-DISCRIMINATION
At the institutional level, discriminating between
citizens and
non-
citizens in the conferral of civic rights and social benefits is standard.
The criteria upon which citizenship is granted or withheld and the
extent of the benefits of citizenship are widely understood as matters
of State sovereignty. And yet this discretion is limited by international
law in ways that not all States adhere to.
As noted above, stateless persons face grave disadvantages. They
“face challenges in all areas of life, including: entering or completing
schooling; accessing healthcare services [...] obtaininga birth certificate
|...) falling back on social security [...] obtaining a passport or indeed
being issued any form of identity documentation [...] international
travel [...and] free movement”. They are also vulnerable to arbitrary
and lengthy immigration detention. In the most extreme cases,
stateless persons suffer persecution and endure forced displacement.
While there is general consensus that stateless people face barriers
in accessing the services central to the enjoyment of their rights, the
connection to discrimination and inequality is not always noted. The
obligation of the State to ensure equal access to rights for all (although
subject
to discretion in certain areas as highlighted below) goes beyond
the mere legal statement that (for example) all children have the right
to an
education.
The
State
must
ensure
that legal,
administrative
and practical barriers to accessing education are removed and that
all children have access to education that meets a certain minimum
standard. It must ensure that those whose particular circumstances
and vulnerabilities make them less likely to be able to enjoy equal
access to education are identified and steps taken to mitigate the
barriers they face.
One such barrier that stateless people face in accessing education and
various other rights andservices, is thatthey often lackthe documentation
required for administrative purposes. A simple attitudinal shift that sees
those without documentation (including the stateless) notas (variously)
at fault, unworthy, a threat, outsiders or disqualified, but rather as people
whose equal access to rights and services is being hampered by the nonfulfilment of an administrative step (that for most people can easily be
taken) will go a long way to strengthening the equal access to rights and
services of stateless persons.
25
Institute on Statelessness and Inclusion, supra n7, pp. 29-30.
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