women, and the prohibition of discrimination. In addition to these instruments, the 1951 Convention Relating to
the Status of Refugees, expressly applies to stateless persons who otherwise meet the definition of a refugee,
as does the 1967 Protocol by implication.17 That is to say that, although not all stateless persons are refugees, a
stateless person can be a refugee and, if so, the protection afforded to refugees by the 1951 Convention and the
1967 Protocol apply to such a stateless person.18
At the European regional level, the Council of Europe has adopted two instruments of particular relevance to
statelessness. The European Convention on Nationality (ECN) entered into force in 2000 and currently has 21 State
Parties, Denmark among them.19 This instrument contains several provisions guaranteeing against statelessness,
some of which parallel those found in the 1961 Convention and others of which complement the convention.20
ECN Article 4 provides, inter alia, that State Party nationality rules shall incorporate the principle that statelessness
be avoided.21 ECN Article 6(2) provides a safeguard against statelessness at birth comparable to that of the 1961
Convention. Further, ECN Article 7, which governs the loss of nationality ex lege or at the initiative of a State Party,
contains safeguards against statelessness.
The European Convention on the Avoidance of Statelessness in Relation to the Succession of States entered into
force in 2009 and has seven States Parties.22 It establishes rules for the acquisition of nationality with a view to
preventing statelessness in the particular context of state succession.
Moreover, the European Convention on Human Rights (ECHR), to which Denmark is party, is increasingly relevant
to the prevention of statelessness and the protection of stateless persons. Although the ECHR does not explicitly
provide for the right to a nationality, the European Court of Human Rights (ECtHR) has recognized in its jurisprudence
that the impact of the denial of citizenship on a person’s social identity brings it within the scope of Article 8 of
the ECHR, which enshrines the right to respect for private and family life.23 Further, the ECHR sets out rights to be
enjoyed by all persons within a state’s jurisdiction, whether they are the state’s own nationals, foreign nationals,
or stateless persons.
17
See 1951 Convention Relating to the Status of Refugees, Art 1(A)(2) (“Definition of the term ‘refugee’”).
18
See UNHCR Handbook, paras 78-82 (discussing in detail the coordination of refugee status and statelessness determinations, including
confidentiality requirements; noting that “protection under the 1951 Convention generally gives rise to a greater set of rights at the
national level than that under the 1954 Convention” but that “there may be instances where refugee status ceases without the person
having acquired a nationality, necessitating then international protection as a stateless person”). See also ibid, para 128 (noting that
where a stateless person may also be a refugee, each claim must be assessed and both stateless and refugee statuses must be explicitly
recognized; noting standards of treatment and complementary forms of protection).
19
Number provided by the Council of Europe’s Treaty Office as of August 2019, available at: https://bit.ly/2OWr1Ez. Denmark ratified the
ECN on July 24, 2002. It entered into force on November 1, 2002. In the regional context of Europe, note also the European Convention
on the Avoidance of Statelessness in Relation to the Succession of States (entered into force in 2009; six states parties as of the date
of publication of this report, Denmark not among them). The Convention sets forth detailed rules for the acquisition of nationality with a
view to preventing statelessness in the context of state succession. These rules are in addition to the already substantial rules set forth in
statelessness conventions, as well as the ECN. The text of the European Convention on the Avoidance of Statelessness in Relation to the
Succession of States and a list of states parties are available at: https://bit.ly/3g4SMGU.
20
The ECN is discussed in more detail infra.
21
Article 4 provides in part: “The rules on nationality of each State Party shall be based on the following principles: a) everyone has the right
to a nationality; b) statelessness shall be avoided.”
22
Number provided by the Council of Europe’s Treaty Office as of August 2019, available at: https://bit.ly/2BCieoc.
23
See Genovese v. Malta, Application no. 53124/09, Council of Europe: European Court of Human Rights, 11 October 2011, available at:
http://www.refworld.org/docid/509ea0852.html.
UNHCR Representation for the Nordic and Baltic Countries
11
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