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. iv 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.

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