tilburg law review 19 (2014) 35-51
brill.com/tilr
On the Protection of Stateless Persons in Germany
Katia Bianchini
Researcher, University of York (UK), University of Hamburg (Germany); Visiting
researcher, Max Planck Institute for the Study of Religious and Ethnic Diversity
Göttingen (Germany)
kb726@york.ac.uk
Abstract
This article analyses the legal framework for the protection of stateless persons in
Germany. In particular, it explains the definition of a stateless person under German
law, the availability of protection outside the context of asylum procedures, access to
travel documents and naturalization. This work identifies the following major problems: gaps in the applicable laws, differences of treatment and implementation due to
the decentralized system of adjudication, application of readmission agreements to
stateless persons, restrictive naturalization requirements. As a consequence, stateless
persons’ chances of obtaining protection and a long-term solution are reduced. It is
argued that the adoption of specific determination procedures and recognition of
stateless status as a protection ground at the Federal level are essential safeguards in
this context and the German government should take additional steps in this regard.
Keywords
statelessness – 1954 Convention relating to the Status of Stateless Persons – protection
of stateless persons in Germany
1
Introduction
This article explores the implementation of the 1954 Convention relating to
the Status of Stateless Persons (the ‘1954 Convention’) in Germany, with particular emphasis of its judicial interpretation. The 1954 Convention is the main
human rights treaty dealing with the protections and freedoms of stateless
persons, but the majority of European States that have ratified it have not
© koninklijke brill nv, leiden, 2014 | doi 10.1163/22112596-01902005