• GC No. 17: Article 24 (Rights of the child) requires States “to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born.” (para. 8). It also stipulates that “no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents (…)” (para. 8). • The purpose of Article 24 is “to prevent a child from being afforded less protection by society and the State because he is stateless” (para. 8). Protection of Stateless Persons Article 2 & Article 26: Article 10: “All persons deprived of their liberty shall be treated with humanity and with respect...” This provision ensures that individuals who are deprived of their liberty are treated with dignity and respect, whether they possess a nationality or not. • GC No. 21: Article 10 (Human Treatment of Persons Deprived of Their Liberty): “This rule must be applied without distinction of any kind, such as (…) national or social origin (…)” (para. 4). Article 12: “Everyone shall be free to leave any country...” and “No one shall be arbitrarily deprived of the right to enter his own country.” “...ensure to all individuals... the rights recognised in the present Covenant... without distinction of any kind...” & “...the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground...” Freedom of movement includes the right to leave and enter one’s own country. Most stateless persons are in situ, meaning that they are often born in and have lived their entire lives in the country in which they are found, and have never crossed an international border. States must ensure the protection of the rights of stateless people, without discrimination including under the law. • GC No. 27: Article 12 (Freedom of Movement): “The scope of ‘his own country’ is broader than the concept ‘country of nationality.’” This allows for a “broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence” (para. 20). • GC No. 15: Article 2 (The Position of Aliens under the Covenant) states that “the rights set forth in the Covenant apply to everyone, (…) irrespective of his or her nationality or statelessness” (para. 1). • GC No. 31: Article 2 (The Nature of the General Legal Obligation Imposed on States Parties to the Covenant) adds that, “the enjoyment of Covenant rights is not limited to citizens of States Parties but must also be available to all individuals, regardless of nationality or statelessness (…)” (para. 10). Article 9: “Everyone has the right to liberty and security of person” and “Anyone who is deprived of his liberty... shall be entitled to take proceedings before a court...” Everyone is entitled to the right to liberty and security of person. Stateless people should not be subjected to arbitrary deprivation of liberty. • GC No. 35: Article 9 (Liberty and security of person): “‘Everyone’ includes, among others, (…) stateless persons (…)” (para. 3). Article 14: “All persons shall be equal before courts and tribunals... everyone shall be entitled to a fair and public hearing...” The right to equality before courts and tribunals and to a fair trial is a fundamental principle of the Rule of Law. They must be recognized to everyone without exception. • GC No. 32 Article 14: (Right to equality before courts and tribunals and to a fair trial): the provision “must be available to all individuals, regardless of nationality or statelessness (…)” (para. 9). Article 27: “...persons belonging to... minorities shall not be denied the right... to enjoy their own culture, to profess and practice their own religion, or to use their own language.” Stateless people are often members of minority groups. As minorities, their rights must be recognized, pursuant to Article 27. ENDNOTES 1 UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2016. 2 Ibid. STATELESSNESS AND HUMAN RIGHTS TREATIES • GC No. 23: Article 27 (Rights of Minorities): to receive protection, individuals “need not be nationals or citizens [and] they need not be permanent residents” (para. 5.2). UNHCR, October 2016