4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY
AND NON-DISCRIMINATION
discrimination and statelessness is less clear. Rules which appear to
apply equally, such as procedures for school enrolment may, on closer
examination, disadvantage stateless children and so amount to indirect
discrimination. As a result, stateless people’s ability to participate in
all aspects of life on an equal basis with others and to fully enjoy their
human rights is often severely impeded. They are typically excluded
from civic life and rarely have full access to key rights such as work,
education
and
healthcare.
Whether
obvious
at first glance
or not,
discrimination is present in nearly every stateless person’s story.
One can neither tell the story of statelessness, nor seek to finish it for
good, without addressing the inequality and discrimination faced by its
protagonists. This chapter begins by exploring the relationship between
inequality and statelessness. It argues that statelessness cannot be
eradicated unless discriminatory societal attitudes which view some
people as less worthy of inclusion than others are comprehensively
tackled. While such attitudes will not change overnight, there are some
measures that can be used to put changes in motion now. This chapter
posits that an improved use of the legal framework on equality to
address statelessness is both possible and important.‘ This framework
is both powerful - enshrined as it is in international human rights law
— vital and, to-date, under-used. This chapter provides an overview of
the legal framework on equality before reviewing some practical ways
in which the framework can be used both to tackle the existence of
statelessness and to mitigate its impacts.
2. The relationship between inequality and statelessness
No society is equal. In all societies the privileged disproportionately
enjoy social goods and opportunities while other groups battle against
socio-economic and political disadvantage. The equality activist’s
role is to struggle for the utopian world reflected in the Universal
Declaration of Human Rights (UDHR), which recognises “the inherent
dignity and |[...] the equal and inalienable rights of all members of
*
The legal framework on equality has multiple sources and continues to
develop. For a best practice interpretation of its content see, Equal Rights Trust,
Declaration of Principles on Equality, 2008. For further insight into its content
and legal sources see also B. Hepple, Equality: The New Legal Framework, Hart
Publishing 2014; S. Fredman, Discrimination Law, Oxford University Press,
2011; T. Khaitan, A Theory of Discrimination Law, Oxford University Press
2015.
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