for months and years … without any authority taking an active interest in his fate and wellbeing. 284 The UN Secretary General has similarly stated that “stateless persons are … uniquely
vulnerable to prolonged detention and States should be sensitized to respect the rights of
stateless persons to be free from arbitrary detention as a result of their stateless status. 285
9.5 Legal personhood
PRINCIPLE
LEGAL STANDARD
9.5.1. Everyone has the right to
recognition everywhere as a person
before the law. All persons are equal
before the law.
UDHR, Art. 6: “Everyone has the right to recognition everywhere as
a person before the law.
ICCPR, Art. 16: “Everyone shall have the right to recognition
everywhere as a person before the law.
9.5.2. It is not permissible for States to
deny any person’s legal personhood or
their equality before the law through
the deprivation of nationality and
denial of the right to enter and remain
in their own country.
164. The right to be recognized as a person before the law or ‘legal personhood’ is firmly established
in both international and regional human rights instruments, including the CERD (Article 5),
CEDAW (Article 15(1)), CMW (Article 24), CRPD (Article 12(1)), ACHPR (Article 3), ACHR (Article 3),
the American Declaration on the Rights and Duties of Man (Article 2), the Arab Charter on Human
Rights (Articles 11-12), and the Charter of Fundamental Rights of the EU (Article 20).
165. Under Article 16 ICCPR and Article 6 UDHR, everyone has the right to recognition everywhere as
a person before the law. It is not permissible for States to deny any person’s legal personhood or
their equality before the law through the deprivation nationality and the right to enter and remain
in their own country. This right in Article 16 ICCPR is non-derogable.286 According to the Working
Group on Enforced or Involuntary Disappearances,
“[t]his right is central to the conception of human rights, as it expresses the right and the
capacity of each human being to be the holder of rights and obligations under the law. It has
often been described as the ‘right to have rights’ and as a direct consequence of the right to
respect for human dignity.”287
284
ECtHR, Kim v Russia (2014), Application no. 44260/13, para 54.
UN Secretary-General, ’Guidance Note of the Secretary General: The United Nations and Statelessness‘ June
, available at:
https://www.refworld.org/docid/4e11d5092.html, p. 6.
286 See Art. 4 ICCPR.
287
UN Working Group on Enforced or Involuntary Disappearances, ‘General comment on the right to recognition as a person before the law in
the context of enforced disappearances’
A HRC
Rev.1 (p. 9), para. 42.
285
80
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents