SOLVING STATELESSNESS
etc. Their statelessness has since been used as the justification for
their continued exclusion from society down the generations. A
more subtle form of discrimination can also play out. This is where
socio-economically disadvantaged groups - most often the rural
poor — cannot acquire documentation due to difficulties in accessing
centralised administrative offices. The resulting lack of documentation
- while not akin to statelessness (many citizens around the world do
not have documentation) - can result in statelessness for those who
cannot prove place or date of birth, parentage or other information
needed to demonstrate eligibility for citizenship.
Finally, the inheritance of statelessness is the biggest cause of statelessness
in the world today. The impact of the causes identified above continues
because States have not found solutions for stateless populations and
new generations are therefore born into statelessness every day. This
lack of will to address existing statelessness situations is often linked to
discriminatory attitudes and perceptions about belonging.
2.2 The inequalities of stateless persons
Statelessness is the most extreme consequence of the violation of the
right to a nationality. As described above, this is often motivated by
discrimination on grounds of race, ethnicity, gender, socio-economic
disadvantage or even disability.2? Discrimination which leads to
statelessness often continues to affect the life of the stateless person.
Indeed, in addition to continuing to face discrimination on the basis
of pre-existing characteristics, a person’s status as stateless often
becomes a basis for further discrimination. This is despite a recent
UN Secretary General’s report finding that “there is no legal basis
upon which States that have arbitrarily deprived a child of his or her
nationality can justify the denial of other human rights to the child on
grounds of his or her resulting statelessness”.”*
23
24
According to Article 18(1)(a) of the UN Convention on the Rights of Persons
with Disabilities, 13 December 2006, entry into force 3 May 2008, 2515 UNTS
3, disabled persons “[h]ave the right to acquire and change a nationality and
are not deprived of their nationality arbitrarily or on the basis of disability”.
UN Human Rights Council, Report of the Secretary General on Impact of the
arbitrary deprivation of nationality on the enjoyment of the rights of children
concerned, and existing laws and practices on accessibility for children to
acquire nationality, inter alia, of the country in which they are born, if they
otherwise would be stateless, 16 December 2015, A/HRC/31/29, para. 28.
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