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.
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