MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
4. ANALYSIS OF THE LEGAL FRAMEWORK IN RELATION TO STATELESSNESS IN ALBANIA
Interestingly, Weissbrodt and Collins classify remedies for statelessness into three categories: “pre-emptive remedies”, which try to prevent statelessness before it develops; “minimization remedies”, which
lessen the difficulties associated with statelessness and serve to protect stateless persons; and “naturalizing remedies”, which attempt to secure nationality for those already stateless.21 One will see that in
the Albanian context, one of the most significant features is the failure to address the cases of persons
in a statelessness situation or at risk of being stateless but without being recognised as such.
The Constitution of the Republic of Albania guarantees the fundamental rights and freedoms of foreigners and stateless people in the territory. In particular, it grants the entitlement to citizenship to persons
born to an Albanian parent and guarantees the safeguard against the loss of citizenship.
This section assesses the incorporation of the objectives of the Statelessness Conventions in Albanian
legislation: within the Law on Citizenship (1999), On Foreigners (2013), On Civil Status (2009), and the
Family Code (2003).
4.1. Overview of the national legal framework and international
obligations
4.1.1. Albania’s International obligations
The Republic of Albania is party to the United Nations 1954 Convention Relating to the Status of Stateless Persons (1954 Convention) and to the 1961 Convention on the Reduction of Statelessness, both
21 D.S. Weissbrodt and C. Collins, “The Human Rights of Stateless Persons”, Human Rights Quarterly 28, no. 1 (2006), 271.
UNHCR - TLAS / May 2018
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