PROMOTING THE RIGHT
TO A N AT I O N A L I T Y
N
ationality is a legal bond between a person and a State. Nationality provides
people with a sense of identity but, more importantly, enables them to exercise
a wide range of rights. The lack of any nationality, statelessness, can therefore be
harmful, in some cases devastating to the lives of the individuals concerned.
Article 15 of the Universal Declaration of Human Rights affirms that “everyone
has the right to a nationality”. With these words, the international community
recognized that every individual, everywhere in the world, should hold a legal
bond of nationality with a State. In other words, international law says clearly
that statelessness should be avoided.
Despite this firm international commitment, new cases of statelessness have
continued to arise. Tackling statelessness still poses a major challenge in the 21st
century. There are at least 10 million stateless people around the world today.
States are responsible for conferring nationality. Each State lays down the criteria
for conferral and withdrawal of nationality in its own domestic law. It is, therefore, States which must take action, alone and in cooperation with other States,
to ensure that everyone has a nationality. Although the Universal Declaration
of Human Rights confirms that everyone has the right to a nationality, it does
not set out the specific nationality to which a person is entitled. This absence of
clear rules may result in statelessness. States therefore developed a series of additional standards, which were adopted in 1961 in the form of the Convention on
the Reduction of Statelessness (“1961 Convention”), in recognition of the need for
further international cooperation and agreement to prevent and reduce statelessness.
A growing number of States are turning to the 1961 Convention for guidance
on how to meet their international obligation to prevent statelessness. While the
1961 Convention had only 37 States Parties on 1 January 2011, 33 states pledged
to accede to the Convention at the Ministerial Event organized by UNHCR in
December 2011. By the end of January 2014 the number of State Parties had
increased to 55. However, the influence of the Convention’s provisions is far
wider because many States have drawn elements of the Convention for inclusion in their nationality legislation.
Preventing
and
R e d u c i n g S t a t e l e ss n e ss
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