2020
Statelessness & Citizenship Review
2(1)
the established global nature of both statelessness and SOGIESC-based
discrimination as respective problems. 107 Furthermore, this nexus is one that is
both intersectional through the everyday experiences of affected individuals and
causal in cases where discrimination on SOGIESC grounds can render LGBTIQ+
persons or their children stateless.
The particular causes and risk factors of statelessness for LGBTIQ+ persons
range from arbitrary deprivation of citizenship based on SOGIESC discrimination
grounds to legal frameworks that do not account for LGBTIQ+ subjectivities and
relationships (another form of discrimination). The global patchwork from
recognition to non-recognition of LGBTIQ+ identities, statuses and relationships,
and the prevalence of legislation that is not sensitive to such lived realities, also
presents many grey areas that further complicate the process of considering certain
LGBTIQ+ individuals or their children as citizens of the state in question. This
may occur particularly in situations where multiple legal systems are involved (eg
when sex/gender transition or surrogacy take place in another country).
This article has compiled and reviewed existing academic, media and advocacy
references relevant to SOGIESC and statelessness, including in cases where the
narrative was not (explicitly) framed within these terms. Based on surveying this
literature and examining a number of individual case studies, it has established a
series of contexts and circumstances in which statelessness may occur in relation
to SOGIESC. Given the broad exploratory nature of the research presented within
this article — focused on a complex legal issue with a global scope — there is
clearly a need for more focused research attention in this area. It is hoped that the
results of the scoping research conducted for this article can provide a preliminary
basis for more detailed examination of the SOGIESC–statelessness nexus in
specific contexts. Mapping of the issue on country and regional levels would
certainly provide additional valuable insight into understanding the local nuances
important to social, legal and political discourses on the issue. Further research as
well as advocacy work bridging the interdisciplinary gaps around statelessness for
LGBTIQ+ persons could result in effective coalitions to ensure the place of the
SOGIESC–statelessness nexus within the agenda of future work on both
LGBTIQ+ and statelessness issues.
107 On Statelessness, see UNHCR’s Global Campaign to End Statelessness by 2024: ‘#IBelong
Campaign to End Statelessness’, United Nations High Commissioner for Refugees (Web
Page) <https://www.unhcr.org/en-au/ibelong-campaign-to-end-statelessness.html>. See also
Institute on Statelessness and Inclusion, The World’s Stateless (Wolf Legal 2014). On
highlighting discrimination on SOGIESC grounds as a global issue, see the work of
International Lesbian, Gay, Bisexual, Trans and Intersex Association. Additionally, see
Information Paper on Protection against Sexual Orientation, Gender Identity and Expression
and Sexual Characteristics (SOGIESC) Discrimination (Report, International Labour
Organisation 2017) 2.
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