The 1954 Convention was ratified by a Decree and the Convention text as such did not become Finnish law. The
main aspects of the Convention have been incorporated into Finnish national legislation by the Nationality
Act and the Nationality Decree.94 Other relevant provisions are found in the Administrative Procedure Act,95
the Administrative Judicial Procedure Act,96 the Aliens Act97 as well as the Population Register Act.98
Statelessness is defined and the determination of citizenship status procedure is regulated in the Nationality
Act. According to Section 2, subsection 1 of the Nationality Act, citizenship means a legislative bond between
an individual and the State defining the individual’s status in the State as well as the basic rights and duties
existing between the individual and the State.
Section 2, subsections 1 (3) and 1 (4) of the Nationality Act provide for the definition of a stateless person. The
definition has been divided into two parts: subsection 1 (3) defines a person who is involuntarily stateless and
subsection 1 (4) defines a person who is voluntarily stateless.99 According to subsection 1 (3), “involuntarily
stateless” means a person who has no citizenship in any State and who has remained stateless against his or
her own or his or her parent’s or guardian’s will. According to subsection 1 (4), “voluntarily stateless” means
a person who has no citizenship in any State and who has remained stateless by his or her own or his or her
parent’s or guardian’s will. The statelessness definition of the national law thus differs from the definition in
the 1954 Convention, which only defines a stateless person without making a distinction between voluntary
and involuntary statelessness.
The Government Bill of the Nationality Act100 further explains that a person can be stateless because the
nationality legislation of any State was not applicable to the person at the time of her or his birth or later
on. It is also explained that a person can be stateless because she or he has not exercised her or his right to
nationality of a certain country or she or he has voluntarily renounced or been freed of her or his nationality.
The travaux préparatoires contained in the Government Bill do not, however, provide any explanation as to
why breaking down the definition of a stateless person to voluntarily and involuntarily stateless persons in
the Act was considered necessary.
Further, Section 2, subsection 1 (5) of the Act defines a person with unknown nationality as a person with
regard to whom there is no information on nationality or statelessness. The Government Bill states, as a
clarification between a stateless person and a person whose nationality is unknown, that the status of a
stateless person has been successfully determined (as stateless), while a person’s nationality is regarded as
unknown in a situation where there is no information regarding her/his nationality.
Section 2, subsection 1 (6) defines a citizenship status as a present or former citizenship, statelessness or
citizenship being unknown. The Government Bill explains that the term citizenship status is a general term
which can be used when no detailed view is being taken whether the person has any nationality, whether
she or he is voluntarily or involuntarily stateless or whether she or he is a person with unknown nationality.
28
94
Kansalaisuuslaki, 359/2003, Kansalaisuusasetus, 293/2013 (previous Nationality Decree 799/2004).
95
Hallintolaki, 434/2003.
96
Hallintolainkäyttölaki, 586/1996.
97
Ulkomaalaislaki, 301/2004.
98
Laki väestötietojärjestelmästä ja Väestörekisterikeskuksen varmennepalveluista, 661/2009.
99
The Government Bill and other preparatory work (e.g. comments of the parliament) do not provide any further explanation as
to why a separation has been made in the Nationality Act between involuntarily and voluntarily stateless persons. It has not
been clarified whether Finland has by so doing followed the practice of some other countries or whether the separation was
considered as necessary based on previous experiences.
100
Hallituksen esitys 235/2002, detailed justifications of Section 2.
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