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
Convention guarantees stateless individuals access to courts (Article
16), 97 a right to employment (Article 17), 98 a right to housing (Article
21), 99 a right to administrative assistance (Article 25), 100 and a right to
identity and travel documents (Article 27 and 28) among others. 101
The 1954 Convention was seen as a temporary measure while States
continued to devise solutions to prevent statelessness. 102 In comparison,
the 1961 Convention gave States tools to avoid and solve
statelessness. 103 The 1961 Convention lists safeguards in four main areas
to be implemented by States to prevent and reduce statelessness. These
include measures to avoid statelessness among children (Article 1 to
4), 104 measures to avoid statelessness due to loss or renunciation of
nationality (Article 5 to 7), 105 measures to avoid statelessness due to
deprivation of nationality (Articles 8 and 9), 106 and measures to avoid
statelessness in the context of State succession. 107 These legal
instruments do not constitute an exhaustive list. 108 Protections against
statelessness are also embedded in several human rights treaties and
regional treaties. 109
Despite the efforts of their well-intentioned drafters, the two
statelessness-specific conventions have inherent weaknesses that have
impeded a successful international resolution to statelessness. 110 The
main issue is that the two conventions have not gained widespread
97.
1954 Convention, supra note 92, at art. 16.
98.
Id. at art. 17.
99.
Id. at art. 21.
100. Id. at art. 25.
101. Id. at arts. 27–28.
102. Protecting the Rights of Stateless Persons, supra note 94, at 9.
103. Id.
104. See generally 1961 Convention, supra note 93, at art. 1–4 (setting
guidelines for assigning nationalities at birth to persons who would
otherwise be stateless).
105. Id. at arts. 5–7.
106. Id. at arts. 8–9.
107. See generally id. at art. 10 (securing nationalities for persons as a result
of transfer).
108. See U.N. High Comm’r for Refugees (UNHCR), Preventing and Reducing
Statelessness: The 1961 Convention on the Reduction of Statelessness, at
6 (Mar. 2014).
109. David Weissbrodt & Clary Collins, The Human Rights of Stateless
Persons, 28 HUM. RTS. Q. 245, 246 (2006) (listing human rights treaties
that have statelessness provisions).
110. See van Waas, supra note 37, at 137.
369