Statelessness, Trauma and Mental Well-being
resources that they have. This often means that they may negotiate to be smuggled
or their vulnerability leads them to trafficking perpetrators. In addition, women may
purposely marry local men and parents are reported to lie about their daughter’s
age to marry them off early. Statelessness can thus perpetuate child marriages and
trafficking in persons and vice versa and attempts to fight one may implicate the
other.
Stateless persons are likely to encounter travel restrictions, social exclusion, violence,
discrimination, exploitation, and are at risk of forced displacement and prolonged
or indefinite arbitrary detention. There is also worry and anxiety linked to arrests
or attempted and repeated deportations and where they will be returned to, as
they are not linked to any country. The lack of being given a legal status, leads to a
precarious and degraded status of illegal and undocumented immigrant, resulting in
a protection deficit and being deprived of critical rights. Denial of rights can lead to
trauma for a stateless person.
Citizenship constitutes an unearned form of social capital that is claimed and
experienced in distinctively gendered ways. The COVID-19 pandemic has shone a
bright light on the perils of statelessness, especially for women, who face exacerbated
socio-economic inequities, the forced commodification of their sexuality, and
exclusion from mechanisms of justice.42 The vulnerabilities of stateless people are
generally increased as they are considered and marginalised as ‘other’ or ‘outsiders’,
with their survival, rights, and dignity already compromised by social exclusion
mechanisms such as legal invisibility, geographic segregation, and social ostracism.
Citizenship means access to rights and thus, speaking out is a struggle. For many
stateless people talking out or acting when wronged or faced with a situation of abuse
can also become problematic or increase their vulnerability. The lack of citizenship
silences stateless persons and robs them of their voices. Stateless parents were
overwhelmed by the effect of COVID-19 and subsequently had limited or no time
and resources to advocate on behalf of their stateless children.
The resolution of cases of statelessness through the (re)instatement or conferring
of citizenship can have a positive impact on a stateless person’s enjoyment of rights
and quality of life. In certain circumstances, it has been reported to end years or
even lifetimes of exclusion, marginalisation and abuse. This, however, is not the case
for everyone and it begs the question: To what extent does the formal acquisition of
citizenship end the psychosocial challenges and traumatic experiences encountered
and endured by previously stateless persons?
IV. MENTAL HEALTH OF STATELESS PERSONS
This section presents and addresses mental health challenges that prevail in stateless
persons, particular stressors that may elicit these, and how interventions may assist.
It is worth noting that the experience of being stateless, in all its forms, levels and
periods experienced is highly stressful and traumatising. The damage of mental health
42
Roshni Chakraborty & Jacqueline Bhabha (2021) op cit note 3 237 at 237.
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