will elaborate further on the 1954 Convention when discussing the obligations provided by this Convention.
The 1961 Convention will also be discussed in more detail.
In June 2014, UNHCR published the Handbook on Protection of Stateless Persons which provides
interpretative legal guidance for governments, NGOs, legal practitioners, decision-makers, the judiciary
and other stakeholders working on statelessness. The Handbook addresses the definition of a stateless
person, procedures to determine who is stateless and the legal status of stateless persons at the national
level. UNHCR’s Guidelines on Statelessness No. 4 address the prevention of statelessness at birth under the
1961 Convention.12 Developed on the basis of consultations with international experts and a broad range
of stakeholders, the Handbook and the Guidelines will be used in the report to elucidate the obligations
stemming from the Conventions.
Other international human rights instruments contain provisions relevant for issues relating to nationality
and statelessness. Instruments, like the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the Convention on the Elimination of Discrimination Against
Women (CEDAW), and the Convention on the Elimination of Racial Discrimination (CERD) contain provisions
on the right to a nationality, on equal treatment of men and women, and on the prohibition of discrimination.
Besides these instruments, the 1951 Convention relating to the Status of Refugees is, according to its Article
1(A) under (2) applicable on stateless refugees.
At the European regional level, the Council of Europe has adopted two instruments of particular relevance
to the question of statelessness. The 1997 European Convention on Nationality13 entered into force in 2000
and currently has twenty State Parties.14 In its Article 4, the European Convention on Nationality states that
the rules on nationality of each State Party shall be based on, among others, the principle that statelessness
shall be avoided. While broader in scope, covering a range of questions relating to the acquisition and loss
of nationality, this instrument contains safeguards similar to those found in the 1961 Convention. Article 6(2)
of the European Convention on Nationality provides a safeguard against statelessness at birth similar to
that of the 1961 Convention. In addition, Article 7 or the European Convention on Nationality, on the loss
of nationality ex lege or at the initiative of a State Party, contains a safeguard against statelessness as well.
The European Convention on the Avoidance of Statelessness in Relation to the Succession of States entered
into force in 2009 and has, at the moment, six State Parties.15 It elaborates rules for the acquisition of
nationality with a view to preventing statelessness in the particular context of state succession. In addition
to these two specific instruments, the European Convention on Human Rights (ECHR) is also increasingly
relevant to the prevention of statelessness and protection of stateless persons. Although the ECHR does
not explicitly protect the right to a nationality, the European Court of Human Rights which is in charge
of ensuring the rights contained in the ECHR are not violated, has recognized in its jurisprudence that the
impact of the denial of citizenship on a person’s social identity brings it within the scope of Article 8 of the
ECHR, which enshrines the right to respect for private and family life.16 Furthermore, the ECHR sets out rights
to be enjoyed by all persons within a state’s jurisdiction, whether they are the state’s own nationals, foreign
nationals or stateless persons.
12
UNHCR, Handbook on Protection of Stateless Persons, and UNHCR, 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, December 2012, available
at: http://refworld.org/docid/50d460c72.html
13
Council of Europe, European Convention on Nationality, 6 November 1997, ETS 166, available at:
http://www.refworld.org/docid/3ae6b36618.html
14
Number provided by the Council of Europe’s Treaty Office as of August 2014., available at: http://goo.gl/k7bvWl
15
Number provided by the Council of Europe’s Treaty Office as of August 2014, available at: http://goo.gl/C5CWl5
16
See Genovese vs Malta (Application no. 53124/09), October 2011, available at http://goo.gl/lwNO9E
UNHCR STOCKHOLM, NOVEMBER 2014
11
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