YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
49
stateless populations have identified significant challenges related to
statelessness in every region of the world.2 A common characteristic of
these stateless populations is the marginalization they suffer, often
intentionally engineered by the state that they inhabit, and the vulnerability
that accompanies an existence without legal identity or protection.3
Stateless persons often do not have basic identity documents, and their
access to education, health services, and employment opportunities can be
elusive.4 Stateless persons are often targeted by security officials and
immigration authorities, and are more likely to be subjected to arbitrary
detention and expulsion.5 Moreover, discrimination and the threat of
physical violence seem to characterize the daily experience of many
stateless persons.6
At the core of the challenge of addressing statelessness is the tradition
of state control over the means of nationality acquisition and divestment.
States have long considered their authority over the rules of membership in
the nation to be among their most inherent powers.7 However, when the
United Nations proclaimed in the Universal Declaration of Human Rights
that the right to a nationality was among the core human rights that
member states committed to respect and defend,8 the sovereign grip on
nationality began to loosen. This was because the human right to
nationality included both a guarantee of nationality to all and a prohibition
against the arbitrary deprivation of that right.9 Less than a decade later, a
regime for the international protection of stateless persons was created in
furtherance of the universal protection of the right to nationality.10
2. See The World’s Stateless, INST. ON STATELESSNESS & INCLUSION 53-132 (Dec. 2014),
http://www.institutesi.org/worldsstateless.pdf [https://perma.cc/67Y2-KS7Z] (covering
global, regional, and national statelessness statistics).
3. See David Weissbrodt & Clay Collins, The Human Rights of Stateless Persons, 28 HUM. RTS.
Q. 245, 264-70 (2006); Jillian Blake, Haiti, the Dominican Republic, and Race-Based Statelessness in
the Americas, 6 GEO. J. L & MOD. CRITICAL RACE PERSP. 139, 143-53 (2014); Katherine Southwick,
Preventing Mass Atrocities Against the Stateless Rohingya in Myanmar: A Call for Solutions, 68 J.
INT’L. AFF. 137, 139-42 (2015).
4. Weissbrodt & Collins, supra note 3, at 266; Hélène Caux, Stateless in West Africa,
UNHCR: TRACKS (Feb. 25, 2015), http://tracks.unhcr.org/2015/02/stateless-in-west-africa/
[https://perma.cc/J3WF-AJC7].
5. Weissbrodt & Collins, supra note 3, at 267; see also Human Rights Watch, We Are
Dominican: Arbitrary Deprivation of Nationality in the Dominican Republic (July 1, 2015),
https://www.hrw.org/report/2015/07/01/we-are-dominican/arbitrary-deprivationnationality-dominican-republic [https://perma.cc/CB2Q-BUW8] [hereinafter Human Rights
Watch Report on Arbitrary Deprivation of Nationality in the Dominican Republic] (noting that
Dominican Republic practices “continue to arbitrarily deprive individuals of their right to
Dominican nationality and citizenship-related rights”).
6. Weissbrodt & Collins, supra note 3, at 270; see also Amnesty Int’l Austl., Who Are the
Rohingya Refugees? (Oct. 7, 2015), https://www.amnesty.org.au/who-are-the-rohingyarefugees [https://perma.cc/W7V5-QE83] (describing violence faced by the Rohingya).
7. See Peter J. Spiro, Citizenship, Nationality, and Statelessness, in RESEARCH HANDBOOK ON
INTERNATIONAL LAW AND MIGRATION 283-86 (Vincent Chetail & Céline Bauloz eds., 2014).
8. See G.A. Res. 217 (III) A, Universal Declaration of Human Rights art. 15 (Dec. 10, 1948).
9. Id.
10. Convention Relating to the Status of Stateless Persons, Sept. 28, 1954, 360 U.N.T.S. 117
[hereinafter 1954 Convention].
Electronic copy available at: https://ssrn.com/abstract=3111529
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents