INTRODUCTION
1.
Statelessness remains a significant issue both globally and in Europe, despite the
existence of relevant international treaties to prevent and reduce this phenomenon and to
protect stateless persons. The right to a nationality is reflected in numerous widely ratified
international treaties and is considered a gateway to the enjoyment of a range of other rights.1
It also constitutes part of a person's social identity.2 Yet, according to the latest UNHCR
estimates, there are some 535,000 stateless persons, including those with undetermined
nationality living in Europe.3
2.
The causes of statelessness are multiple, including complexities in nationality laws,
state succession, forced displacement, historical and contemporary migration, structural birth
registration problems, gaps in nationality and administrative practices. The lack of nationality
has a serious impact on the lives of stateless people, their enjoyment of the full range of human
rights, including access to education, employment, healthcare, housing, and freedom of
movement. The COVID-19 pandemic has certainly aggravated their already marginalized
situation and exacerbated existing inequalities.
3.
With the adoption of the 2030 Agenda, member states have committed “to leave no
one behind” in their implementation of the Sustainable Development Goals (SDG). This can
only be achieved if all persons, including those who are stateless, have access to justice and
a legal identity, including birth registration. Many SDGs are relevant in this context, in particular
SDG 16 (Peace, Justice, and Strong Institutions), but also SDGs 4, 5, 10 and 17.
4.
Bearing in mind its pledges made at the UNHCR High-Level Segment on Statelessness
in 2019 and its Action Plan on Protecting Vulnerable Persons in the Context of Migration and
Asylum in Europe (2021-2025), the Council of Europe, through the European Committee on
Legal Co-operation (CDCJ), decided to join forces with UNHCR to raise awareness and
promote the accession of all member states to international and European conventions relating
to nationality and statelessness,4 and their successful implementation.
1
Article 15 of the Universal Declaration of Human Rights establishes the right of every person to a
nationality. Article 7(2) of the Convention on the Rights of the Child and Article 24(3) of the International
Covenant on Civil and Political Rights state that every child has the right to acquire a nationality. The
fundamental nature of the right to a nationality and the prohibition of arbitrary deprivation of nationality
was recalled by the General Assembly in RES/50/152 of 1996, in which the GA called upon states to
“adopt nationality legislation with a view to reducing statelessness, consistent with the fundamental
principles of international law, in particular by preventing arbitrary deprivation of nationality”. In Europe,
this is reflected in Article 4 and 6 of the European Convention on Nationality.
2 Genovese v. Malta, no. 53124/09, §30, 11 October 2011.
3 UN High Commissioner for Refugees (UNHCR), Global Trends: Forced Displacement in 2020. This
figure is based on information provided by governments and other sources.
4 Council of Europe conventions: European Convention on Nationality (ETS No. 166); Council of Europe
Convention on the avoidance of statelessness in relation to State succession (CETS No. 200); United
Nations conventions: 1954 Convention relating to the Status of Stateless Persons; 1961 Convention on
the Reduction of Statelessness.
7