IMP LEMENTATIO N
IF YOUR PROJECT IS
• Homelessness
TARGETED TO STATELESS
• Unemployment
PERSONS, YOU MUST
• Detention risk or detained
• Mixed origin/parentage
THINK CAREFULLY ABOUT
• Undocumented
WHAT WILL HAPPEN IF
• Pregnant women
YOU FIND THAT A CLIENT
OR POTENTIAL CLIENT IS
NOT STATELESS.
• Trafficked
• Insecure migration/residency status
• Unaccompanied or separated minors or elderly
• Child laborer
• Born to unmarried parents
• Parents undocumented
Risk of statelessness is a complicated type of vulnerability. People with
this risk are vulnerable to being left without a nationality, but are not
necessarily stateless today. Confirming whether a person is stateless
according to the state is not possible in a client interview. It may be
useful to think of statelessness on a continuum. For example, if a
client has no proof of his or her nationality, and is likely to experience
difficulties getting proof, but has not yet tried to get it, they are not
yet stateless, but they may have a high risk of statelessness. Other
vulnerability factors can increase risk of statelessness. Groups particularly
at risk of statelessness, especially if they are undocumented, include
nomadic or pastoral groups with links to two or more countries; borderdwelling groups; ethnic, religious, or linguistic minorities; displaced
populations; and irregular migrants and their descendants, among others.
Determining someone’s nationality or statelessness status might involve
contacting consulates of countries to which an individual has links. Care
must be taken to ensure that clients—or potential clients—understand
the implications of this before consenting to such processes, particularly
when they are benefiting from international protection.
If your project is targeted to stateless persons, you must think carefully about
what will happen if you find that a client or potential client is not stateless.
Nationals who lack documentation can face the same everyday reality and
barriers to accessing rights as those without a nationality, so you may not
wish to disqualify people who have a nationality but lack documentation,
which can indeed expose individuals to a risk of statelessness.
Urgency
Paralegal projects often consider cases to be urgent based on the
following criteria:
• Cases involving violence
• Pressing need to access service, e.g. healthcare
• Birth registration or citizenship application cut-off date approaching
• Pregnant woman
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A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
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