II. Definitions and cross-cutting issues
The age, gender and diversity approach
As their lack of nationality limits their enjoyment of human rights, stateless
persons are generally among the most vulnerable in any society. Stateless
persons are affected differently whether they are children, adults, elderly,
single, widowed, divorced or married, physically or mentally disabled, or
whether they belong to a certain national or religious minority. As stateless
people often lack identity documentation, they are susceptible to arrest or
detention, forcible eviction, expulsion, and even trafficking.
An approach that is age, gender and diversity sensitive should therefore be included in all efforts and at all stages when tackling statelessness.
In practice, the following need to be taken into consideration:
Age – people’s capacities and needs change over time depending on where
they are in their life cycle. Age influences and can enhance or diminish a
person’s capacity to exercise his or her rights. Children – especially those
that are unaccompanied, or separated from both parents or their primary
care giver – may face acute challenges in communicating basic facts with
respect to their nationality. States that establish statelessness determination
procedures must follow the principle of the best interests of the child and
the need to protect children.12 Additional procedural and evidentiary safeguards for child claimants in statelessness determination procedures, or in
any other immigration, civil registration or nationality verification context,
include priority processing and the provision of appropriately trained legal
representatives, interviewers, and interpreters.
Gender – refers to the socially constructed roles of women and men that are
often central to the way in which people define themselves and are defined
by others. Gender roles are learned, changeable over time, and variable
within and between cultures. Gender often defines the duties, responsibilities, constraints, opportunities and privileges of women and men in any
context. In turn, gender equality refers to the equal enjoyment of rights, responsibilities and opportunities of women, men, girls and boys, and implies
that their respective interests, needs and priorities are respected. As a result
of gender discrimination, women may face additional barriers in acquiring
17