4. Reduction and prevention
of statelessness
4.1 Introduction
The ultimate solution for stateless persons is the acquisition of a nationality. In addition, the occurrence
of statelessness should be limited as much as possible by preventing new cases from occurring. The 1961
Convention provides safeguards for State Parties to implement through their nationality laws in order to
prevent people from becoming stateless. These safeguards are complemented by other international and
regional instruments containing rights to a nationality and corresponding duties of States, like the 1997
European Convention on Nationality; the 2006 Convention on the Avoidance of Statelessness in Relation to
State Succession; CEDAW; CRC and the ICCPR.
Statelessness should be prevented at birth. Articles 1 to 4 of the 1961 Convention provide safeguards that
prevent children from becoming stateless at birth. These include obligations towards children born in the
State’s territory who would otherwise be stateless, as well as towards children born abroad to a person
who is a national of the Contracting State who would otherwise be stateless.158 States must also ensure that
foundlings and persons born on a ship or aircraft acquire a nationality (Articles 2 and 3 of the 1961 Convention).
These safeguards are in line with Article 7 of the CRC, which grants the right to acquire a nationality.
The 1961 Convention further seeks to prevent statelessness upon a change in civil status. This is laid down
in Article 5 of the 1961 Convention and is complemented by Article 9 of CEDAW which grants women equal
rights with men to acquire, change or retain nationality, in particular in the context of marriage. Safeguards
against statelessness in case of renunciation, deprivation or loss of nationality are described in Articles 7, 8
and 9 of the 1961 Convention.
Reduction of statelessness is possible through naturalization or other measures through which nationality
may be acquired. In line with Article 32 of the 1954 Convention, states must “make every effort to expedite
naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings”.
In the following, these measures to prevent and reduce statelessness will be discussed in more detail, where
the national measures will be assessed against the relevant international standards. In this way, it can be
concluded to what extent the national legal system is in line with the safeguards for prevention and reduction
as set by the 1961 Convention and other instruments.
158
As included in paragraph 4 of Article 1 and Article 4 of the 1961 Convention.
UNHCR STOCKHOLM, NOVEMBER 2014
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