Why Union Law Can And Should Protect Stateless Persons
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upon birth.50 This has the potential to halt the perpetuation of statelessness in
these countries.
Roma have also been disproportionately affected by state succession, because they often lack proper registration and documentation necessary to obtain proof of nationality. Statelessness often amplifies the social exclusion of
Roma, as the lack of documentation hinders their access to education, health
care, social assistance and the right to vote.51 Large numbers of stateless persons are reported to live in Central and Eastern Europe, and in particular the
Western Balkans, but statelessness is also documented in Western European
Roma communities who may either have moved there as refugees or migrants
from mostly Eastern Europe, or have longstanding intergenerational ties to the
countries concerned.52
A second category is formed by individuals born in Europe who became
stateless due to conflicting nationality laws or gaps in nationality laws, such
as provisions not permitting women to pass on their nationality to their children, lack of provisions on the nationality status of foundlings, or provisions
limiting the ius soli acquisition of nationality for otherwise stateless children.53
Fortunately, most countries in Europe seriously try to avoid cases of statelessness from arising and much progress has been made in the last few decades
in erasing gender-based discrimination in nationality laws, thereby reducing
the situations in which children born abroad, out of wedlock and/or of mixed
nationality parentage become stateless.54
A third category is formed by migrants and their offspring who either were
stateless upon arrival or became stateless thereafter. Common profiles of stateless persons are, for example, Kuwaiti Bidoon and Palestinians in the United
Kingdom,55 Palestinians and persons originating from Kosovo and Syria in
50 See, extensively: Djackova, S., ‘Statelessness among children in Latvia: current situation, challenges and possible solutions’, European Network on Statelessness blog,
September 2014, available at http://www.statelessness.eu/blog/statelessness-amongchildren-latvia-current-situation-challenges-and-possible-solutions.
51 Council of Europe, Human Rights of Roma and Travellers in Europe, (Strasbourg, Council
of Europe Publications, 2012), p. 184.
52
Ibid., p. 189. See for, example, a study on statelessness within Roma communities in
Italy: CIR, In the Sun, Survey on the phenomenon of statelessness among Roma communities living in Italy, February 2013 (Rome, CIR, 2013), available at: http://www.cironlus.org/
images/pdf/’In%20the%20sun’_CIR_last%20review_final.pdf.
53 Vonk, O., M. Vink, G.-R. de Groot, Protection against statelessness: trends and regulations in
Europe, EUI Working Paper (Florence, European University Institute, 2013), pp. 10–11.
54
Ibid., p. 105.
55
U NHCR, Mapping Statelessness in the United Kingdom (Geneva, UNHCR, 2011), p. 17.
European Journal of Migration and Law 19 (2017) 101–135