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