Table of Contents 1. Introduction .................................................................................................................... 1 2. Understanding and addressing statelessness ................................................................ 2 A. The traditional international law approach ................................................................... 2 B. The human rights-based approach ............................................................................. 8 3. The elimination of statelessness as a fair outcome........................................................13 4. Conclusion ....................................................................................................................17 1. Introduction Statelessness has long been recognised as problematic under international law. Although the issue remained overlooked for a long time and received little attention in international discourse throughout most of the 20th century, early writers already acknowledged the detrimental consequences of being stateless.1 As it is a nationality that establishes the relationship between the State and an individual, individuals who are devoid of that link are prevented from exercising the rights generally associated with citizenship. As such, statelessness affects all areas of a person’s life. Stateless persons encounter difficulties in opening a bank account, registering births, marriages, or deaths, finding employment, enjoying an education, concluding contracts, and so forth.2 Nevertheless, it took a long time until the international community tackled statelessness and its consequences, and in the first half of the 20th century the issue was largely overlooked. Only after the two world wars, when thousands of Russians and Jews were displaced and rendered stateless due to mass denationalisation campaigns,3 a global response to statelessness was taken. In 1948, the Universal Declaration of Human Rights (UDHR) laid down the right to a nationality, and the prohibition of arbitrary nationality deprivation.4 In 1954, the Convention Relating to the Status of Stateless Persons (1954 Convention) was adopted, enshrining minimum rights for stateless persons.5 In 1961, another convention was adopted, i.e. the Convention on the Reduction of Statelessness (1961 Convention), which aimed to prevent future cases of statelessness.6 Yet, accessions to these See e.g. Intergovernmental Committee on Refugees ‘Statelessness and Some of Its Causes’ in Basic Legal Documents (1947), 2. 2 United Nations High Commissioner for Refugees (UNHCR) ‘What is Statelessness?’ (2018), 2 <https://www.refworld.org/docid/5829c3514.html>. 3 Jane Perry Clark Carey, ‘Some Aspects of Statelessness Since World War I’ (1946) 40 The American Political Science Review 113, 114; Asbjorn Eide, ‘Citizenship and the Minority Rights of Non-Citizens’ (15 April 1999) Working Paper UN Doc E/CN.4/Sub.2/AC.5/1999/WP.3, para. 19. 4 Universal Declaration of Human Rights (adopted 10 December 1948) UN Doc A/RES/217(III)A (UDHR), art. 15. 5 Convention Relating to the Status of Stateless Persons (adopted 28 September 1954, entered into force 6 June 1960) 360 UNTS 117 (1954 Convention). 6 Convention on the Reduction of Statelessness (adopted 30 August 1961, entered into force 13 December 1975) 989 UNTS 175 (1961 Convention). 1 1

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