Discrimination and Arbitrary
Deprivation of Nationality
Statelessness is often caused by discrimination against particular groups, including ethnic, racial, religious, and linguistic minorities
and women. In 26 countries, among them
Kuwait, Lebanon, and Qatar, gender-discriminatory legislation denies mothers the right to
pass nationality to their children on an equal
basis as fathers, which can create statelessness.55 State policies and practices often deny
citizenship to children born out of wedlock.
In some countries, there are discriminatory
laws where marriage or dissolution of marriage serves as a ground for automatic loss
of citizenship.
One particularly sensitive and often complicated form of discrimination is the arbitrary
deprivation of nationality. Deprivation of nationality resulting in statelessness is generally
considered to be arbitrary, unless it serves a
legitimate purpose and is subject to important substantive and procedural standards.56
For example, nationality should only be deprived under exceptional circumstances57
and only “as prescribed by law.”58
Arbitrary deprivation of nationality often
results from State practices or policies that
disproportionately affect particular minority
groups and may include, for example, denying children citizenship at the time of birth or
stripping individuals of citizenship later in life.
The refusal of the Dominican Republic to issue documents proving citizenship to many
Dominican-born children of Haitian descent
who were previously recognized as citizens is
one example of this kind of discrimination.59
Another is the decision of Mauritania in 1989
to deprive a large segment of its black population of citizenship and subsequently expel
them to Mali and Senegal.60
Technical Causes of Statelessness
“Technical causes” refers to situations where
statelessness is the unintended result of gaps
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in a country’s nationality laws, conflict of citizenship laws, or the actions or inactions of individuals. Perhaps the most common technical cause of statelessness is incompatibilities
between the laws of States recognizing citizenship primarily through blood relationship
(jus sanguinis) and those recognizing citizenship through birth in the country (jus soli). A
child whose parents are nationals of a country that grants nationality primarily through
birth on the territory and limits transmission
by descent or blood line, but who is born in
a country that grants nationality primarily
through the blood line of one or both parents, may not be able to acquire any nationality at birth.61
Other “technicalities” in nationality laws can
render an individual stateless at birth or later
in life. A few examples include: not providing nationality to abandoned children found
on the territory; automatic loss of nationality of individuals who reside abroad without
registering with a consulate after a specified
period of time;62 procedural formalities upon
the marriage of a national of a country to a
non-national who, by virtue of that marriage,
does not retain his or her citizenship in their
home country.
Statelessness can also result when individuals fail to overcome administrative hurdles related to proof of nationality. For example, in
countries with onerous requirements for birth
registration, such as unreasonable deadlines,
excessive fees, or burdensome document
requirements, and particularly among certain migrant, displaced, or nomadic communities, parents may be unable to comply
with registration requirements for obtaining
birth certificates for their children. As a result, these children may not be able to obtain
documentary evidence of their nationality. In
most cases, undocumented children do have
a nationality, but their inability to prove their
birth, origins, or legal identity when needed
can lead to statelessness if their country of
nationality then refuses to acknowledge
them as nationals.
Citizens of Nowhere: