2020
Statelessness & Citizenship Review
2(1)
naturalise formal legal citizenship and presume it as always present, it is important
to undertake study of statelessness in the legal sense, which has thus far been left
out of the analysis of sexual citizenship.
B
Statelessness Studies
Meanwhile, the relatively recently ‘arrived’ academic discipline of statelessness
studies has been dominated by the endurance of legal approaches. Leading
scholars and practitioners have described how it ‘initially emerged as the study of
nationality law, leading over time to the exploration, interpretation and annotation
of international standards and of domestic norms relevant to statelessness’.28
Pioneering work on statelessness focused on the legislative origins of the
problem, 29 while later statelessness research has continued to take nationality laws
as its starting point, considering their compatibility with the international
standards set out by the two Statelessness Conventions. 30
This legalistic focus has naturally led to critical concern about the persistence
of gender-discriminatory provisions embedded within the nationality laws of 25
countries around the world. A body of literature has consequently developed
focusing on gender-discriminatory nationality laws (‘GDNL’) that prevent
mothers from being able to pass on their nationality to their children on an equal
basis with fathers. 31 In 2014, the Global Campaign for Equal Nationality Rights
was established as a coalition between local, regional and international actors to
conduct concentrated advocacy on this issue. 32 Recently published research,
however, has highlighted the lack of feminist, queer and intersectional attention to
statelessness, and that gendered consideration has been largely limited to the
single issue of GDNL, resulting in the ‘compartmentalization of gender’ in
statelessness scholarship. 33 More generally, the ‘(non)emergence’ of statelessness
as a recognised international campaigning issue compared to other world problems
may have limited attention from those working in other relevant fields. 34
28
29
30
31
32
33
34
Mark Manly and Laura van Waas ‘The State of Statelessness Research: A Human Rights
Imperative’ (2014) 19(1–2) Tilburg Law Review 3, 5.
Paul Weiss, Nationality and Statelessness in International Law (Kluwer 1979).
1954 Convention (n 5); Convention on the Reduction of Statelessness, opened for signature
30 August 1961, 989 UNTS 175 (entered into force 13 December 1975). See also Carol
Batchelor, ‘Statelessness and the Problem of Resolving Nationality Status’ (1998) 10(1)
International Journal of Refugee Law 156; David Weissbrodt, The Human Rights of NonCitizens (Oxford University Press 2008); Laura van Waas, Nationality Matters: Statelessness
under International Law (Intersentia 2008); Katia Bianchini, Protecting Stateless Persons:
The Implementation of the Convention Relating to the Status of Stateless Persons across EU
States (Brill Nijhoff 2018).
Laura van Waas, Zahra Albarazi and Deirdre Brennan, ‘Gender Discrimination in Nationality
Laws: Human Rights Pathways to Gender Neutrality’ in Niamh Reilly (ed), International
Human Rights of Women (Springer 2018) 193; Radha Govil and Alice Edwards, ‘Women,
Nationality and Statelessness: The Problem of Unequal Rights’ in Alice Edwards and Laura
van Waas (eds), Nationality and Statelessness under International Law (Cambridge
University Press 2014) 169.
Global
Campaign
for
Equal
Nationality
Rights
(Web
Page)
<https://equalnationalityrights.org>.
Deirdre Brennan, ‘Statelessness and the Feminist Toolbox: Another Man-Made Problem with
a Feminist Solution?’ (2019) 24(2) Tilburg Law Review 170, 172.
Lindsey Kingston, ‘“A Forgotten Human Rights Crisis”: Statelessness and Issue
(Non)Emergence’ (2013) 14(2) Human Rights Review 73–87. I note that keyword searches
for ‘stateless/ness’ on leading LGBTIQ+ non-governmental organisation websites tend to
return no relevant hits. This was the case for Stonewall, OutRight Action International,
UKLGIG and The Kaleidoscope Trust among others when surveyed in January 2020.
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