13 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context 4. Research strategy 5. Appendices 3. Legal context: International protection for stateless persons 3.1 Nationality is a human right • One of the most basic human rights is the right to one's nationality. Article 15 of the Universal Declaration of Human Rights22 mentions the right to one's nationality. It explicitly states that everyone has the right to obtain, change, and maintain their nationality: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): CEDAW calls for the elimination of gender-based discrimination in nationality laws, which can be a cause of statelessness. • Regional instruments: Some regional instruments, such as the European Convention on Nationality and the American Convention on Human Rights, contain provisions related to the right to nationality and the prevention of statelessness. (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.’ States that are parties to these instruments have an obligation to respect, protect, and fulfil the rights of Despite being eligible for human rights as outlined in stateless persons and take measures to prevent and various UN Conventions, stateless individuals often reduce statelessness. However, the implementation struggle to access essential rights such as freedom of of these legal frameworks varies across countries, and stateless persons still face significant challenges in movement, employment, healthcare, and education. accessing their rights and securing legal recognition.24 In addition to the Universal Declaration of Human Rights, several other international and regional instruments23 contain provisions relevant to the protection of stateless persons: • Universal Declaration of Human Rights (UDHR): Article 15 of the UDHR states that "everyone has the right to a nationality" and "no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." • International Covenant on Civil and Political Rights (ICCPR): Article 24(3) of the ICCPR requires states to provide nationality to every child who would otherwise be stateless, ensuring their right to acquire a nationality. • Convention on the Rights of the Child (CRC): Article 7 of the CRC also emphasises the child's right to acquire a nationality, particularly when they would otherwise be stateless. 22. UN General Assembly, Universal Declaration of Human Rights, 10 December 1948 23. European Network on Statelessness (ENS) Statelessness Index 2020 24. The European Network on Statelessness (ENS) Statelessness Index assesses how countries in Europe protect stateless people and what they are doing to prevent and reduce statelessness. © Asylos, 2023 Back to contents