Notes 10 On de facto statelessness see, for example, Section II.A. of UNHCR, Expert Meeting – The Concept of Stateless Persons under International Law (“Prato Conclusions”), May 2010, available at http://www.refworld.org/docid/4ca1ae002.html: (1) De facto statelessness has traditionally been linked to the notion of effective nationality and some participants were of the view that a person’s nationality could be ineffective inside as well as outside his or her country of nationality. Accordingly, a person could be de facto stateless even inside his or her country of nationality. However, there was broad support from other participants for an approach that defines a de facto stateless person on the basis of one the principal functions of nationality in international law: the provision of protection by a State to its nationals abroad. 11 See UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2016, 8 March 2016, available at: http://www.refworld.org/docid/56de83ca4.html 12 All unaccompanied and separated children are to have access to a procedure to determine their best interests. The outcome of a statelessness determination procedure, as with the result of a refugee status determination, forms part of best interest determination. With regard to refugee status determination procedures and best interest determinations, please see UNHCR, Guidelines on Determining the Best Interests of the Child, May 2008, available at: http://www.refworld.org/docid/48480c342.html. Further information can also be found in: UNHCR/UNICEF, Safe & Sound: what States can do to ensure respect for the best interests of unaccompanied and separated children in Europe, October 2014, available at: http://www. refworld.org/docid/5423da264.html 13 See UNHCR Age, Gender and Diversity Policy: Working with people and communities for equality and protection, 1 June 2011, available at: http://www.unhcr. org/protection/women/4e7757449/unhcr-age-gender-diversity-policy-working-people-communities-equality-protection.html 14 The 2006 UN Convention on the Rights of Persons with Disabilities recognizes that “disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”, Preamble, paragraph (e). 15 See UNGA resolutions 3274 (XXIX) of 9 December 1974 and A/RES/31/36 of 20 November 1976 on the Question of the establishment, in accordance with the convention on the reduction of statelessness, of a body to which persons claiming the benefit of the Convention may apply. 16 See UNGA resolutions A/RES49/169 of 23 December 1994 and A/RES/50/152 of 21 December 1995. The latter endorses UNHCR Executive Committee Conclusion No. 78 (XLVI) – 1995. 17 See UNGA resolution A/RES/61/137 of 19 December 2006. 104

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents