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risk of permanent marginalization. This contrasts sharply with the existence
of asylum determination procedures and protected statuses in all EU Member
States which give effect to the 1951 Refugee Convention and which are consolidated in the common EU asylum policy. There are obviously severe strains on
that policy at this moment, but those are caused by factors which are unlikely
to surface in the context of statelessness. The challenges of burden sharing
and sudden influx are not central to the statelessness issue and do not affect
our proposal.
2
International Standards on Statelessness
International legal norms on statelessness can be roughly divided into two categories: the ‘avoidance norms’ and the ‘protection norms’. The major UN treaty
that enshrines the ‘avoidance norms’ is the 1961 Convention on the Reduction
of Statelessness (hereafter 1961 Convention), which has 63 State Parties, of
which 19 are EU Member States.12 This Convention establishes standards on
the acquisition and loss of nationality, with the aim of preventing statelessness
from occurring. Other international and regional treaties also contain avoidance norms, such as the Convention on the Rights of the Child, the Convention
on the Elimination of all forms of Discrimination against Women and the
European Convention on Nationality.13 International norms on the avoidance
of statelessness are highly instrumental in ensuring that more people have access to a nationality of a State with which they have a relevant link. However,
they stop short of guaranteeing that every person has a nationality, even if
they would be subscribed to and implemented universally. They allow for
exceptions through which states can acquiesce in statelessness arising at birth
or from withdrawal of nationality.14
As a matter of reality therefore, and notwithstanding the laudable campaign launched by UNHCR in 2014 to eradicate statelessness by 2024,15 it is to
be accepted that statelessness will continue to occur. It follows that stateless
12 As of July 2016.
13 Art. 7(2) of the UN Convention on the Rights of the Child of 1989; Art. 9(1) CEDAW; Art.
6(2b) of the European Convention on Nationality. Also see Art. 18 of the UN Convention
on the Rights of Persons with Disabilities of 2006 and Art. 5(d)(iii) of the International
Convention on the Elimination of All Forms of Racial Discrimination of 1965.
14 See e.g. Arts 1(2)(b), 7(4) and 8(2–4) of the 1961 Convention.
15
U NHCR, ‘Global Action Plan to End Statelessness, 2014–2024’, November 2014.
European Journal of Migration and Law 19 (2017) 101–135