especially problematic in cases where children are born out of wedlock or where the father is unknown, has
passed away, has left, is stateless or is a foreigner who is unable to transmit his own nationality or who is unwilling
to take the necessary administrative steps to do so. Currently, 25 States still discriminate against women in their
laws with regard to transmission of nationality to their children, the majority of which can be found in Africa, Asia
and the Middle East.12 Further, laws that discriminate against children born out of wedlock, for example by making
it more difficult for them to acquire their father’s nationality, can also contribute to statelessness.
1.1.3 Consequences of statelessness
Most stateless persons encounter difficulties in many aspects of daily life. Stateless parents may have trouble
obtaining a birth certificate for their children and stateless persons generally have problems obtaining personal
identification documents. Without such documents, they are often prevented from enjoying their fundamental
rights. They may face obstacles accessing education or health care services, entering the labor market, traveling
abroad, or owning land or other property. Stateless persons may not be able to open a bank account, to inherit or to
get legally married. Stateless persons may be detained repeatedly and for prolonged periods because they have
no identity documents or right to stay in the country where they are. Consequently, stateless persons often face
destitution, and many stateless populations belong to the most marginalized and vulnerable groups worldwide.
1.2 The international and regional legal framework
The international legal framework relating to statelessness consists of international instruments and regional
instruments. At the international level, two conventions deal specifically with statelessness: the 1954 Convention
relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
The 1954 Convention aims to guarantee to persons who are stateless the enjoyment of a minimum set of rights,
while the 1961 Convention provides a set of safeguards for states to include in their nationality laws to ensure that
statelessness is avoided. The 1954 Convention entered into force in 1960 and has 91 states parties.13 The 1961
Convention entered into force in 1975 and has 73 states parties.14 Denmark is a state party to both conventions.15
In June 2014, UNHCR published the Handbook, which provides interpretative legal guidance for governments,
NGOs, legal practitioners, decision-makers, the judiciary, and others working on statelessness. The Handbook
addresses the definition of a stateless person, procedures to determine who is stateless, and the legal status
of stateless persons at the national level. UNHCR’s Guidelines on Statelessness No. 416 address the prevention
of statelessness at birth under the 1961 Convention. Developed on the basis of consultations with international
experts and a broad range of stakeholders, the Handbook and the Guidelines will be used in the present report to
elaborate upon the obligations under the Conventions.
Other international human rights instruments contain provisions relevant to nationality and statelessness. The
International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the
Convention on the Elimination of Discrimination against Women (CEDAW), and the Convention on the Elimination
of Racial Discrimination (CERD) contain provisions on the right to a nationality, on equal treatment of men and
10
12
UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2019, 8 March 2019, available at:
https://www.refworld.org/docid/5c8120847.html.
13
As of August 2019. UN Treaty Collection database, available at: https://bit.ly/2Pcb65f.
14
As of August 2019. UN Treaty Collection database, available at: https://bit.ly/3f3xbNJ.
15
Denmark ratified the 1954 Convention on January 17, 1956 (with reservations to Arts. 24(3), 24(1), and 31, as discussed infra), and acceded
to the 1961 Convention on July 11, 1977 (without reservation).
16
UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness (“UNHCR Guidelines No. 4”), 21 December 2012, HCR/
GS/12/04, available at: http://www.refworld.org/docid/50d460c72.html [accessed 15 August 2019]
Mapping Statelessness in Denmark
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents