In Europe, many people were left stateless after the dissolution of the Soviet Union and the Socialist Federal
Republic of Yugoslavia.
In addition to or underlying the aforementioned causes of statelessness, discrimination in nationality law
or in practice against certain parts of the population and arbitrary deprivation of nationality contribute
significantly to the creation or perpetuation of statelessness. Based on for example ethnicity or religious
beliefs, a certain group within a State or populations living across multiple States are sometimes denied or
deprived of nationality. Examples of such populations are the Rohingya in Myanmar the Bidoon in the Arab
Gulf States, and parts of the Roma population in Europe.
Discrimination on the ground of gender can also be a cause of statelessness. In some nationality laws, women
are not able to pass on their nationality to their children. Moreover, women may lose their nationality upon
marriage or upon dissolution of the marriage. The impossibility for women to transmit their nationality to
their children is especially problematic in cases where children are born out of wedlock or where the father is
unknown, has passed away, has left, is stateless or is a foreigner who is unable to transmit his own nationality
or who is unwilling to take the necessary administrative steps to do so. Currently, 27 States still discriminate
against women in their laws with regard to transmission of nationality to their children, the majority of which
can be found in Africa, Asia and the Middle East.9 At the same time, laws which discriminate against children
born out of wedlock, making it more difficult for them to acquire their father’s nationality, can also contribute
to creating statelessness.
1.3.3 Consequences of statelessness
Most stateless persons encounter many difficulties in every aspect of daily life. Stateless parents may
experience difficulties in obtaining a birth certificate for their children and stateless persons generally have
problems obtaining personal identification documents. Without such documents, they have difficulties
enjoying their basic rights. They may face obstacles accessing education or health care services, entering
the labour market, traveling abroad, or owning land or other property. Stateless persons may not be able to
open a bank account, to inherit or to get legally married. Stateless persons may be detained for prolonged
or repeated periods because they have no identity documents or right to stay in the country they are in.
Consequently, stateless persons often face destitution and many stateless populations belong to the most
marginalized and vulnerable groups worldwide.
1.4 The international and regional legal framework
The international legal framework relating to statelessness consists of international instruments and
regional instruments. At the international level, two conventions deal specifically with statelessness: the
aforementioned 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness.
The 1954 Convention aims to guarantee to persons who are stateless the enjoyment of a minimum set of
rights while the 1961 Convention provides a set of safeguards for states to include in their nationality laws to
ensure that statelessness is avoided. The 1954 Convention entered into force in 1960 and has 83 State Parties.10
The 1961 Convention entered into force in 1975 and has 61State Parties at the time of publication.11 This report
10
9
UN High Commissioner for Refugees (UNHCR), Background Note on Gender Equality, Nationality Laws and Statelessness 2014,
8 March 2014, available at: http://www.refworld.org/docid/532075964.html
10
As of October 2014. UN Treaty Collection database, available at: http://goo.gl/GTvqGl
11
As of October 2014. UN Treaty Collection database, available at: http://goo.gl/GTvqGl
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