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RAMADAN v. MALTA JUDGMENT – SEPARATE OPINION
formal mandate over statelessness22. In addition to setting detailed
guidelines on various aspects of statelessness, including the definition of a
stateless person, statelessness determination procedures, the status of
stateless persons, and the prevention of statelessness at birth23, the UNHCR
has developed a “Global Action Plan to End Statelessness: 2014 – 2024”
(the “Global Action Plan”), in consultation with States, civil society and
international organisations, which sets out a guiding framework made up of
10 actions that need to be taken to end statelessness within 10 years,
consisting of resolving existing major situations of statelessness, ensuring
that no child is born stateless, removing gender discrimination from
nationality laws, preventing denial, loss or deprivation of nationality on
discriminatory grounds, preventing statelessness in cases of State
succession, granting protection status to stateless migrants and facilitating
their naturalisation, ensuring birth registration for the prevention of
statelessness, issuing nationality documentation to those with entitlement to
it, acceding to the United Nations Statelessness Conventions, and improving
quantitative and qualitative data on stateless populations. States parties
should introduce safeguards to prevent statelessness by granting their
nationality to persons who would otherwise be stateless and are either born
in their territory or are born abroad to one of their nationals. States should
also have a provision in their nationality laws to grant nationality to children
of unknown origin found in their territory (foundlings).
4. The Convention on the Reduction of Statelessness, adopted on
30 August 1961 and which entered into force on 13 December 1975, aims to
prevent, reduce and avoid statelessness by providing concrete and detailed
measures to be taken by States parties to the Convention. It focuses on the
four main causes of statelessness. Articles 1 to 4 set out measures to avoid
statelessness among children. Articles 5 to 7 deal with statelessness due to
loss or renunciation of nationality. Articles 8 § 1 and 9 concern measures to
avoid statelessness due to deprivation of nationality. However, Article 8 § 2
of the 1961 Convention allows for an exhaustive set of circumstances under
which deprivation of nationality resulting in statelessness is permissible. It
does not prohibit the possibility of revocation of nationality under certain
22. For example, General Assembly Resolution 61/137 of 25 January 2007.
23. UN High Commissioner for Refugees (UNHCR), “Guidelines on Statelessness No. 1:
The definition of ‘Stateless Person’ in Article 1(1) of the 1954 Convention relating to the
Status of Stateless Persons”, cited above; “Guidelines on Statelessness No. 2: Procedures
for Determining whether an Individual is a Stateless Person”, HCR/GS/12/02, 5 April
2012; “Guidelines on Statelessness No. 3: The Status of Stateless Persons at the National
Level”, 17 July 2012 2012, HCR/GS/12/03; “Guidelines on Statelessness No. 4: Ensuring
Every Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention
on the Reduction of Statelessness”, HCR/GS/12/04, 21 December 2012. The
2013 European Network on Statelessness Guide of Good Practices “Statelessness,
determination and the protection status of stateless persons”.