Statelessness can result from a variety of circumstances. A few of the main causes of
statelessness, and the practical steps States can take to avoid these circumstances,
particularly when reviewing citizenship laws, are discussed below.
Causes linked to discrimination or
arbitrary deprivation of nationality
Discrimination
One of the principal constraints on State discretion to grant or deny nationality is the
proscription against racial discrimination. This principle is reflected in the CERD and
in many other instruments. In its General Recommendation on Discrimination against
Non‑citizens of 1 October 2004, the United Nations Committee on the Elimination of
Racial Discrimination stated that:
“deprivation of citizenship on the basis of race, colour, descent, or national or
ethnic origin is a breach of States’ obligations to ensure non‑discriminatory
enjoyment of the right to nationality.”
However, sometimes individuals are unable to acquire the nationality of a particular
State despite having strong ties to that State – ties that, for other persons, would
be sufficient to trigger the granting of citizenship. Most stateless people around the
world belong to an ethnic, religious or linguistic minority. Discrimination based on race,
colour, ethnicity, religion, gender, political opinion or other factors can be either overt or
created inadvertently in the laws or as they are implemented. Laws may be said to be
discriminatory if they contain prejudicial language or if the result of their application is
discrimination.
To avoid this problem:
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Ensure that the principle of non‑discrimination relating to nationality is enshrined
in the constitution and in laws relating to nationality, and ensure, through
administrative and judicial decisions, that the principle is implemented in practice.
•
States are required to adopt every appropriate measure, both internally and in
cooperation with other States, to ensure that every child has a nationality when
they are born. Therefore, children born to married parents, children born outside
of marriage, and children born to stateless parents all have an equal right to
nationality under international law.
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The CEDAW seeks to grant women equal rights with men to acquire, change or
retain nationality. In accordance with the principles contained in this Convention,
the husband’s nationality status should not automatically change the nationality
of the wife, render her stateless, nor make mandatory her acquisition of his
nationality.