stipulates everyone’s right to healthcare and
States are under an obligation to respect this
right by “refraining from denying or limiting
equal access for all persons, including
prisoners or detainees, minorities, asylum
seekers and irregular migrants”. The right to
the highest attainable standard of health also
falls within other international human rights
treaties. 4 It spans environmental determinants
of health, standards of healthcare, and
rights to privacy and medical confidentiality.
The right to health is closely linked to the
fulfilment of other rights, which stateless
persons are often denied such as the right
to education, social security, and food.
According to the Committee on Economic
and Social Rights, the right to healthcare is
“indispensable for the exercise of other rights”
5
with universal application and with access to
healthcare services ensured to every human
being without regards to race, religion, or
other criteria, including legal status (UNHCR,
2008; Rechel et al., 2013).
The two most important international
instruments addressing statelessness are
the 1954 Convention relating to the Status
of Stateless Persons, which provides the
definition of a stateless person and the
international legal framework for the
protection of stateless people, and the 1961
Convention on the Reduction of Statelessness,
which sets rules around conferral and
withdrawal of nationality. Whilst the 1954
Convention establishes the international
legal definition of a “stateless person” it
Situation assessment of statelessness, health, and COVID-19 in Europe
does not prescribe a particular mechanism
for determining statelessness. At the time of
writing, 12 European States have established
dedicated statelessness determination
procedures in law to provide protection to
stateless people under the 1954 Convention.6
In addition to the two statelessness-specific
conventions, many other human rights treaties
set standards for the protection of stateless
people, avoidance of statelessness, and the
right to a nationality. At regional level, the
European Convention on Nationality and
the Council of Europe Convention on the
Avoidance of Statelessness in Relation to
State Succession are two key instruments
for the prevention of statelessness. In the
UN framework, the Universal Declaration
on Human Rights, the Convention on the
Rights of the Child, and the Convention on
the Elimination of all forms of Discrimination
against Women, amongst others, all contain
provisions to guarantee the right to a
nationality. Thus, all European States have
obligations under international law towards
stateless people and the eradication of
statelessness, regardless of whether they are
party to the core statelessness conventions.7
Statelessness in Europe8, as elsewhere,
affects both migrants and refugees, and
people who have lived in the same place for
generations, but it remains a largely hidden
phenomenon, due to the incompleteness and
sparsity of data. Disaggregated data and
data on stateless people held in immigration
detention are particularly lacking (ENS, 2019).
Many stateless people have never crossed
borders and find themselves stateless in their
“own country“ (referred to as “in situ stateless
persons“). In the Balkans and countries of the
former Soviet Union, many Roma and other
minority groups remain stateless or at risk
of statelessness because of discrimination
and the legacy of state succession.9 Others
find themselves stateless in a migratory
context, for example, stateless refugees
are among those seeking asylum in many
European countries.10 Statelessness in Europe
therefore disproportionately affects migrant,
refugee, and minority groups, including Roma
and ethnic Russians living in the successor
states of the Soviet Union and Yugoslavia.
UNHCR reported that there were 527,959
stateless persons in Europe in 2019, based
on information provided by governments
and other sources, although this is likely an
underestimate.11
Statelessness prevents many of those
affected from accessing fundamental
rights (human, civil, social, cultural, and
political) creating or exacerbating significant
marginalisation and exclusion spanning
access to healthcare, education, housing,
employment, and other civil rights such
as birth and marriage registration. Due to
the lack of domestic legal frameworks to
identify and solve statelessness, including
mechanisms to determine who is stateless
and due protection under the 1954
Convention, stateless people’s enjoyment
of rights varies significantly from country
7