Gaps Analysis Framework: A User’s Guide
This publication is intended to assist in the prevention and reduction of
statelessness and the protection of stateless persons by providing a framework for
analysing situations where persons are stateless or are at risk of becoming stateless.
The Framework is designed to identify causes of statelessness, obstacles to
acquisition of nationality and the risks faced by stateless persons as well as to
highlight the capacities of all concerned stakeholders to minimize those risks.
Identifying risks and causes of statelessness as well as gaps in the protection of
stateless persons is a necessary first step to prioritizing and developing measures
to guarantee enjoyment of the full range of human rights including the right to an
effective nationality. The gaps analysis produced using this Framework should
comprehensively map gaps in citizenship law and practice as well as unmet needs.
It should serve as a basis for the collaborative development of short and long-term
strategies that support States in preventing and reducing statelessness and
ensuring the rights of stateless persons.
Focus of the Analysis: Nationality and Statelessness at a Glance
Nationality1 is a legal bond between a State and an individual, and statelessness
refers to the condition of a person not considered as a national by any State under
the operation of its law. This definition is usually considered to describe a
particular type of statelessness, characterised by the formal, legal lack of a
nationality and also known as de jure statelessness.2 The problem of statelessness
is broader in scope and also extends to persons who formally hold a nationality but
are nonetheless in a situation similar to statelessness because that nationality is
ineffective. Such individuals are commonly referred to as de facto stateless.
Nationality facilitates the enjoyment of all human rights, and is obviously essential
for full participation in society. It entitles an individual to political rights, to obtain
and travel on a national passport, and to the unrestricted right to enter and reside
in his or her own country. As a result, numerous international treaties and
resolutions have reiterated the basic principle that statelessness is to be avoided.
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1
Note that this Framework uses the terms “nationality” and “citizenship” as synonyms.
2
Users of this Framework who seek a fuller explanation of the issues covered in this
section may wish to consult the UNHCR/Inter-Parliamentary Union Handbook for
Parliamentarians: Nationality and Statelessness, available online at
www.unhcr.org/statelessness.