48
Global Recommendations on Nationality and Statelessness
48
in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 3
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 3
7.15 Stateless persons and persons without a recognized nationality
status may also face intersectional discrimination or exclusion
related to their other protected characteristics, such as sex, age,
ethnicity, religion, disability, or displacement.56 In addition, due to
their lack of nationality or legal status, stateless persons and
persons without a recognized nationality status may be excluded
from support services, disaster relief policies and strategies,
and emergency healthcare services.57
7.16 The 1954 Convention defines who a stateless person is and
establishes a set of minimum rights that stateless persons should
be granted, including the right of access to the courts, the right to
gainful employment, the right to education, the right to social
security, the right to freedom of movement, the right to identity
and travel documents, property rights, and the right of association.
In addition to the 1954 Convention provisions, the treatment of
stateless persons under a State’s national law must align with
other international human rights standards: most human rights
apply to everyone, regardless of nationality or immigration status,
including stateless persons.58
7.17 For additional information on protecting the rights of stateless
persons, please refer to UNHCR’s Global Action Plan 2.0, Action 11:
Ensure Stateless Persons can enjoy their rights, and the UNHCR
Handbook on the Protection of Stateless Persons.
II. Protect
II. Protect
Recommendation 3
7.14 For stateless persons in a migratory context, stable residence,
the right to family unity, and identity and travel documentation are
particularly important considerations in addition to rights to be
afforded to them under international law, such as the right to work.
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Implementation:
7.18
To implement Recommendation 3, States can:
•Review and, if necessary, amend development and humanitarian
policies, plans and programming relating to climate adaptation,
management and disaster risk reduction and relief to incorporate
stateless populations and their specific needs.
•Consider the intersectional needs of stateless persons and
persons without a recognized nationality status with other
protected characteristics such as sex, age, ethnicity, religion,
disability, or displacement. This should be done through
community consultation with affected groups.
•Ensure that stateless persons and persons (including those that
are displaced across borders or internally) without a recognized
nationality status in the context of climate change have
non-discriminatory access to assistance and support services
and are not arbitrarily detained.
•Ensure those in a migratory context who are determined to be
stateless are granted a right of residence as well as other rights,
including the right to work, access to healthcare and social
assistance, as well as a travel document.59 Family reunion with
spouses and dependents should also be facilitated.
•Sensitize emergency service providers to ensure that they are
aware of barriers, such as lack of identity documentation or fear
of authorities, which may prevent stateless populations from
accessing protection and services.
•Ensure that stateless communities have access to long-term
sustainable solutions including facilitated pathways to nationality
(also relevant to Recommendation 9).
•Accede to the 1954 Convention and ensure that its provisions
are implemented in national laws and policies (also relevant
to Recommendations 2 and 4).
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