United Nations standards and guidance in the field of statelessness and nationality law
63.
The 1954 Convention relating to the status of stateless persons contains two articles
relevant to general nationality law. Most of the other articles are relating to the rights and
obligations of stateless persons. Article 1 defines a stateless person: “For the purpose of this
Convention, the term ‘stateless person’ means a person who is not considered as a national
by any State under the operation of its law.” This important definition is also relevant for the
interpretation of the term ‘stateless person’ in other international conventions. It is accepted as
customary international law (see UNHCR Handbook, paragraphs 13-17). Article 32 of the 1954
Convention obliges the facilitation of the naturalization of stateless persons. Contracting states
should make every effort to expedite naturalization proceedings and reduce as far as possible
the charges and costs of such proceedings.
64.
96 states are parties to the 1954 Convention. Of the member states of the Council of
Europe following 38 states acceded to this convention: Albania, Armenia, Austria, Azerbaijan,
Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Moldova, Montenegro, Netherlands, North Macedonia, Norway, Portugal,
Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, Ukraine, and the
United Kingdom. Andorra, Cyprus, Estonia, Georgia, Poland, and San Marino have not yet
acceded to this treaty.
65.
No Council of Europe member states made a reservation related to Article 1 or 32.
However, one member state reserved the right not to apply the convention on stateless
persons who previously possessed an enemy nationality.
66.
UNHCR delivered guidance on the interpretation and implementation in practice of the
1954 Convention by issuing the UNHCR Handbook on Protection of Stateless Persons.
Paragraphs 7-56 deal with the concept of statelessness, Paragraphs 57-122 elaborate on
statelessness determination procedures which should be in place according to UNHCR as an
implicit obligation following from this treaty.
67.
The 1961 Convention on the reduction of statelessness is completely dedicated to the
right of otherwise stateless persons to acquire the nationality of a parent, respectively the right
to acquire the nationality of the country of birth (Articles 1-4) and the restrictions of the rules
on loss of nationality if this would cause statelessness (Articles 5-9). Only in very limited
situations does the convention allow for states to deprive a person of her/his nationality, even
if this would cause statelessness.
68.
77 states are parties to the 1961 Convention. Of the member states of the Council of
Europe, the following 34 states acceded to this convention: Albania, Armenia, Austria,
Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark,
Finland, Germany, Georgia, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Luxembourg, Moldova, Montenegro, Netherlands, North Macedonia, Norway, Portugal,
Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Türkiye, Ukraine, and the United
22