. Identification
re ention and reduction o state essness
V.2. Prevention – addressing causes of statelessness
Prevention of statelessness means addressing possible causes of future statelessness. This entails analysing and addressing such issues as: legal provisions on the acquisition, loss, renunciation and deprivation of nationality,
as well as implementation of these provisions in practice; determination of
nationality status; and removing administrative obstacles to obtaining birth
registration or identity documentation, among others.
An important element to keep in mind is that – although the apparent causes of statelessness are often legal or technical – discrimination on
gender or racial, ethnic, religious, linguistic or other grounds is frequently a
key factor. Accession to the 1961 Convention on the Reduction of Statelessness is a useful first step to address many of these issues.
Removing gaps in nationality legislation
Prevention of statelessness requires verifying whether there are safeguards
in legislation that prevent statelessness at birth, or in case of the loss, renunciation or deprivation of nationality.71 Where causes of statelessness
are found in constitutional provisions or nationality legislation, UNHCR
can provide advice on international standards and how they may be implemented at the national level.72 In addition, ODIHR and HCNM, within their
respective mandates, can assist participating States with legislative support
to address gaps in legislation and other concrete activities based on existing
OSCE norms, principles and commitments.
There are a number of safeguards to prevent statelessness at birth and
later in life. The most important is that children born on the territory of a
State should acquire the nationality of that State if they would otherwise
be stateless. This safeguard is the cornerstone of efforts to reduce statelessness over time. It is not only relevant where the parents are stateless but
in any situation in which the child would otherwise be stateless, including
where one or both parents possess a nationality but may be restricted from
conferring it on their children. For example, statelessness may result when
children cannot acquire the mother’s nationality and when the father possesses a nationality but cannot confer it on his children owing to limitations
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