Case Western Reserve Journal of International Law 53 (2021)
Ghosts in America: Working Towards Building a Legal Framework for
Stateless Individuals in the United States
decade. 141 Although States have broad discretion in the design and
operation of their SDP, SDP are commonly formalized in law and
include protections such as residency permits, the right to work, access
to healthcare and social assistance, and the issue of identity papers and
a travel documents. 142 Although their numbers are still relatively few,
countries that have adopted SDP are greatly contributing to the
reduction of global statelessness. Happily, there is a growing interest
around the world for introducing similar procedures. 143
C)
Countries That Could Do More
There are many other countries who could do more to contribute
to global efforts to reduce statelessness. Their reluctance towards
providing more protections for stateless individuals has hindered the
eradication of statelessness on a global scale. 144 For example, the Swiss
office of the UNHCR published a study slamming Switzerland for its
conservative approach when it comes to protecting the rights of
stateless individuals. 145 The UNHCR found that Switzerland has been
applying a particularly restrictive practice of recognizing statelessness
and has instead put its own sovereignty over the needs of protecting
stateless individuals. 146 Further, Swiss law does not currently guarantee
hearings, legal representation, translation or interpretation, or a formal
residency permit to individuals applying for recognition of
statelessness. 147 Europe, Germany, Greece, the Netherlands, the Czech
Republic, and Sweden also lack legal frameworks to identify stateless
141. Id.
142. Id. at 7–8.
143. See Statelessness Determination Procedures, supra note 138, at 1–3.
144. See, e.g., William Thomas Worster, European Union Citizenship and the
Unlawful Denial of Member State Nationality, 43 FORDHAM INT’L L.J.
767 (2020).
145. Switzerland Could Do More for the Stateless, UN Body Finds,
SWISSINFO.CH (Nov. 13, 2018 5:27 PM),
https://www.swissinfo.ch/eng/without-rights-_switzerland-could-domore-for-the-stateless--finds-un-body/44542630.
[https://perma.cc/KN8F-GNHC].
146. Id.
147. U.N. HIGH COMM’R FOR REFUGEES (UNHCR), Étude sur L’apatridie en
Suisse, UNHCR SUISSE, https://www.unhcr.org/dach/ch-fr/en-bref/quinous-aidons/mettre-fin-a-lapatridie/lapatridie-en-suisse-et-auliechtenstein/etude-sur-lapatridie-en-suisse (last visited on Sep. 19, 2020)
[https://perma.cc/AM56-JEZH].
373