1.2.2 Causes of statelessness Statelessness can be caused by numerous factors. Some of these factors are of a legal technical nature, where statelessness is caused by gaps in nationality laws or conflicts of nationality laws. States determine their own nationality laws, within certain limited restrictions imposed by international human rights law. The two principal legal frameworks governing states’ nationality rules are jus sanguinis (citizenship by descent) and jus soli (citizenship by birth in the territory). Conflicts in these laws are one of the several types of conflicts of law situations that can render a child stateless. For example, a child born in the territory of a jus sanguinis state to parents with nationality of a jus soli state would encounter problems obtaining any nationality if the national legislation of the two states relevant here do not contain provisions that would allow such a child to obtain citizenship. Statelessness can also occur later in life. Some legal systems provide for mechanisms of automatic loss of nationality, for example after a long absence from the territory. Some states require that a person renounce his or her nationality before acquiring the nationality of that State. Withdrawal of nationality can also lead to statelessness if there is no adequate safeguard in place to prevent statelessness. Another major cause of statelessness relates to the dissolution and separation of States, disputes about borders, transfer of territory between States, and the creation of new states. In the period of decolonization, groups of persons may have been left out of the initial body of citizens under the nationality legislation of the newly independent state. In Europe, many people were left stateless after the dissolution of the Soviet Union and the Socialist Federal Republic of Yugoslavia. In addition to or underlying the aforementioned causes of statelessness, discrimination in nationality law or in practice against certain parts of the population and arbitrary deprivation of nationality contribute significantly to the creation or perpetuation of statelessness. Based on, for example, ethnicity or religious beliefs, a certain group within a State or populations living across multiple States are sometimes denied or deprived of nationality. Examples of such populations are the Rohingya in Myanmar, the Bidoon in the Arab Gulf States, and parts of the Roma population in Europe. Discrimination on the ground of gender can also be a cause of statelessness. In some nationality laws, women are not able to pass their nationality onto their children. Moreover, women may lose their nationality upon marriage or upon dissolution of the marriage. The impossibility for women to transmit their nationality to their children is 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, 27 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. 1.2.3 Consequences of statelessness Most stateless persons encounter many difficulties in every aspect of daily life. Stateless parents may experience difficulties obtaining a birth certificate for their children. Generally, stateless persons have problems obtaining personal identification documents. Without such documents, they have problems enjoying their basic 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, inherit wealth, or get legally married. Stateless persons may be detained for prolonged 12 10 UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2014, 8 March 2014, available at: http://www.refworld.org/docid/532075964.html. M A P P I N G STAT E L E S S N E S S I N N O RWAY