QUICK GUIDE 1 - DESK REVIEW QUICK GUIDE 1 - DESK REVIEW Data Sources Legislation Case Law Policies and Administrative Documents • • • • • • • Current and previous national Constitutions • Final court judgements can be another form of law that explains how legislation is to be interpreted or applied in a country • • Rulings and advisory opinions of international and regional courts, commissions, tribunals and other human rights mechanisms such as the African Court on Human and Peoples’ Rights, the Inter-American Court of Human Rights, and the European Court of Human Rights • • Laws governing voter registration • Laws governing the issuance of passports and other travel documents • Laws governing issuance of national ID cards and nationality certificates • Laws governing access to basic rights, including education, health care, freedom of movement, property ownership, employment, the right to vote and social security Current and previous nationality laws Citizenship codes (for civil law countries) Laws governing marriage and civil unions Laws governing migration and naturalization Laws on foreigners or aliens Laws governing birth registration and certification Laws governing housing, land and property ownership • Bilateral or agreements between States concerning issues of migration, population transfer and nationality and state succession • Regulations and other forms of subsidiary legislation in relation to the above 6 Government-issued guidelines, instructions, protocols, procedures, manuals and strategies etc. which relate to the processes concerning implementation of relevant legislation or multiple countries, it is necessary to undertake a review of the relevant legislation and administrative policies of all countries with which that person or group of people have “relevant links,” in particular through birth on the territory, descent, marriage, adoption or habitual residence. Reviewing and analysing relevant legislation and administrative policies may also help reveal gaps in or conflicts between laws and policies within or among countries, which could lead to individuals being left stateless or at risk of statelessness. Identifying whether or not legislation and administrative policies comply with key international standards related to nationality (see page 8) can also help to identify population groups that are likely to be stateless or at risk. Legislation and policy review can also assist in acquiring useful baseline information about the ways in which nationality is acquired or lost, as well as the legal requirements when it comes to processes and documents related to proof of nationality, such as birth registration and certification as well as national ID cards. This can be critical information when comparing law with practice after the primary data collection phase has been completed. Legislation related to nationality and statelessness can be complex to understand and navigate. It is therefore recommended that someone with legal training conducts, or thoroughly reviews, this part of the desk review. It is also advisable to engage someone familiar with the laws, policies and administrative frameworks and political environment of the country, or countries whose laws and administrative policies are being reviewed to ensure that all relevant data sources are identified and interpreted correctly. U N H C R > R E S E A R C H I N G S TAT E L E S S N E S S - Q U I C K G U I D E S U N H C R > R E S E A R C H I N G S TAT E L E S S N E S S - Q U I C K G U I D E S 7