Addressing statelessness in Europe’s refugee response
ENDNOTES
Eurostat, ‘Asylum and first-time asylum applicants by citizenship, age and sex annual aggregated data (rounded)’,
available at: https://ec.europa.eu/eurostat/web/asylum-and-managed-migration/data/database. Although Palestine is
recognised as a state by an increasing number of governments globally, it does not currently have a nationality law in
place and so the notion of a Palestinian citizenship is contested.
iiii In Syria, Iraq, Somalia, and Iran, gender discrimination prevents women from conferring nationality to their children on
an equal basis as men. In Eritrea and Sudan, state succession has left many people stateless or with an unclear
nationality status. In other countries, such as Turkey, arbitrary deprivation of nationality is a growing problem. For
further information see, Institute on Statelessness and Inclusion (2014), The World’s Stateless, Wolf Legal Publishers,
available at: http://www.institutesi.org/worldsstateless.pdf
iii For further information and comparison of how different European countries perform in relation to their international
and regional obligations to address statelessness, see ENS’s Statelessness Index: https://index.statelessness.eu. In
Europe, these obligations flow not only from the human rights treaties to which states are party – for example, the
Convention on the Rights of the Child, protecting the right of every child to acquire a nationality, to which all European
states are party – but also from the 1954 Convention in Relation to the Status of Stateless Persons, the 1961 Convention
on the Reduction of Statelessness, and the 1997 European Convention on Nationality.
iv See for example, Berenyi, K (2016) Statelessness and the refugee crisis in Europe, Forced Migration Review:
http://www.fmreview.org/sites/fmr/files/fmrdownloads/en/community-protection/berenyi.pdf; or the work of Jason
Tucker at Malmo University: https://www.mah.se/forskning/sok-pagaende-forskning/europes-stateless-refugeesnavigating-the-pre-or-post-national-space-of-indefinite-statelessness-in-sweden-and-denmark/
v See for example, Swider, K (2014), Protection and Identification of Stateless Persons Through EU Law, Amsterdam Law
School Research Paper No 2014-38, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2464009; ENS
(2013) Good Practice Guide on Statelessness Determination and the Protection Status of Stateless Persons, available at:
https://www.statelessness.eu/resources/ens-good-practice-guide-statelessness-determination-and-protection-statusstateless; Radnai, N (2017) Statelessness determination in Europe: Towards the implementation of regional harmonised
national SDPs, ISI Statelessness Working Paper Series, available at: http://www.institutesi.org/WP2017_08.pdf; Mrekajova,
E (2012), Naturalisation of stateless persons: Solution of statelessness?, Tilburg University, available at:
http://www.academia.edu/1251960/Naturalization_of_stateless_persons_Solution_of_statelessness
vi NS (2015) No Child Should be Stateless, available at:
https://www.statelessness.eu/sites/www.statelessness.eu/files/ENS_NoChildStateless_final.pdf; ISI (2017) The World’s
Stateless Children, Wolf Legal Publishers, available at: http://www.institutesi.org/worldsstateless17.pdf
vii ENS (2017) Protecting Stateless Persons from Arbitrary Detention: an Agenda for Change, available at:
http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Age
nda_online.pdf
viii European Network on Statelessness (2015), No Child Should Be Stateless, available at:
https://www.statelessness.eu/sites/www.statelessness.eu/files/ens_nochildstateless_final.pdf
ix The 1962 census in Syria divided the population into three categories (Syrian national, ‘ajanib’ or foreigners – those who
failed to convince the authorities of their residence in Syria at the time of the census, and ‘maktoumeen’ – those who
failed or refused to participate in the census) rendering some 120,000 Syrians, predominantly Kurds and their
descendants, stateless. For further information see: ISI (2013), The Stateless Syrians, Tilburg University, available at:
http://www.refworld.org/pdfid/52a983124.pdf
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