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
discriminatory legislation. 69 For example, in Senegal, male nationals can
always pass on Senegalese nationality to their children but female
nationals whose children are born out of wedlock, or with a foreigner,
must jump through administrative hoops to confer nationality to her
children. 70
3)
Technical causes
“Technical causes” refers to situations where statelessness is
accidently caused by gaps in a country’s nationality laws and conflicts
between different countries’ citizenship laws. 71 The most common
technical way that can cause statelessness is incompatibilities between
countries’ nationality laws. 72 Countries most often grant nationalities
through either blood relationship (jus sanguinis) or through birth in
the country (jus soli). 73 When a child is born to nationals of a country
that grants nationality based on jus soli, a country that only confers
nationality based on jus sanguinis may not be able to acquire any
nationality at birth. 74 Other “technicalities” include: denying
nationality to abandoned children, automatic loss of nationality of
individuals who reside abroad without registering with a consulate after
a specified period of time, and marriage practices of certain countries,
under which a non-national loses their citizenship when they marry of
a national. 75 Finally, statelessness can also occur when individuals are
unable to prove nationality. 76 For example, parents from migrant,
displaced, or nomadic communities may have a hard time getting birth
certificates for their children in countries with cumbersome
requirements for birth registration, such as unreasonable deadlines,
excessive fees, or burdensome document requirements. 77
69.
Id.
70.
Mapping Statelessness in the U.K., supra note 60, at 24.
71.
Citizens of Nowhere., supra note 3, at 14.
72.
Id.
73.
Id.
74.
Id.
75.
Id.
76.
Id.
77.
Id.
366