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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART A
2. S
TATELESSNESS AND THE RIGHT TO A NATIONALITY UNDER INTERNATIONAL
LAW AND POLICY FRAMEWORKS
2
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART A
2. STATELESSNESS AND THE RIGHT TO A NATIONALITY UNDER INTERNATIONAL
LAW AND POLICY FRAMEWORKS
Statelessness and the right to a
nationality under international law
and policy frameworks
2.1 The Global Recommendations are anchored in, draw upon, and
align with the international legal framework relating to the right to
nationality and statelessness. This includes the 1954 Convention
relating to the Status of Stateless Persons (‘1954 Convention’)9
which sets out the definition of a stateless person and the rights10
to be afforded to stateless persons; and the 1961 Convention
on the Reduction of Statelessness (‘1961 Convention’), which
establishes safeguards to prevent statelessness in childhood and
later in life, as well as other international and regional instruments.
2.2 The right to nationality is a fundamental human right, meaning
everyone is entitled to a nationality, and no one should be arbitrarily
deprived of their nationality or denied the right to change it. This
right is recognized in the Universal Declaration of Human Rights
(‘UDHR’), the International Covenant on Civil and Political Rights
(‘ICCPR’), the Convention on the Rights of the Child (‘CRC’) and
other international and regional instruments.11
2.3 The Global Recommendations further reflect the application of
States’ existing obligations under international human rights law,
including duties to respect, protect and fulfil human rights.
2.4 Governments’ multilateral and national commitments to climate
change mitigation, adaptation, disaster risk reduction and to
responses to loss and damage provide an opportunity to bring
greater knowledge and much-needed attention to statelessness
risks and to address the protection of stateless persons. This
includes connecting statelessness and human mobility, in line
with commitments to ‘leave no one behind’. Different aspects
are addressed in international treaties and policy instruments,
including the 2015 Paris Agreement, the Sendai Framework
for Disaster Risk Reduction (2015–2030), and the Agenda for
Sustainable Development (2015–2030), as well as in the Global
Compact on Refugees and the Global Compact for Safe, Orderly
and Regular Migration.12
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