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persons toward their state of residence and the standards of treatment that
are due to the stateless are also delineated in the 1954 Convention.
In addition, the 1954 Convention provides a definition of statelessness. It
states at Article 1 that a stateless person is "a person who is not recognised
as a national by any state under the operation of its laws".35 In other words,
the individual may be officially recognised as a national without being
treated as one, or may not be recognised as a national at all.36 These two
situations should be considered separately. The former problem is related
to the rights attached to nationality, whereas the latter problem is connected
with the right to nationality itself.37 This definition assigns importance to the
domestic laws on acquiring a nationality and shows why statelessness is
often described as a "man-made problem".38 The definition requires a
careful examination of the domestic laws of a country and has been clarified
by UK Supreme Court39 and the Italian Court40 in two noteworthy cases,
namely Pham v Secretary of State for the Home Department in 2015 and
the Supreme Court of Cassation judgment number 28873/2008 of
December 2008 and April 2011.
The 1954 Convention's definition identifies a de jure stateless person as a
person not regarded "as a national of any State under the operation of its
law".41 This differs from the situation of de facto stateless persons, who are
nationals under the operation of a country's laws but do not receive the
rights and benefits of such a legal status. While there is no agreed definition
of a de facto stateless person, nor any international legal framework for
dealing with de facto stateless persons, the expression has entered
common use. The description of de facto statelessness is most often
invoked to describe a situation in which a person holds a legal nationality,
but where this nationality is in some way ineffective.42
In the discourse on statelessness much attention has been devoted to the
concept of de facto statelessness.43 Laura van Waas has identified different
situations in which de facto statelessness can arise. These include
35
36
37
38
39
40
41
42
43
Foster and Lambert 2016 IJRL 564, 584.
Van Waas "UN Statelessness Conventions" 66.
Van Waas "UN Statelessness Conventions" 66.
UNHCR 2010 http://www.refworld.org/docid/4ca1ae002.html.
Pham v Secretary of State for the Home Department 2015 1 WLR 1591 (SC).
Supreme Court of Cassation (Italy) Judgment number 28873/2008 of 9 December
2008; Supreme Court of Cassation (Italy) Judgment number 7614/2011 of 4 April
2011.
A de jure stateless person is defined in the 1954 Convention 3 as "a person not
considered as a national by any State under the operation of its law".
Van Waas "UN Statelessness Conventions" 66.
Van Waas "UN Statelessness Conventions" 66.