operation of its law.3 This should not be confused with stateless nations, such as the Kurds,
but is instead a specific individual legal phenomenon. Often there is a focus on the blurred
and fluid boundaries of citizenship(s), however these debates rarely explicitly consider
those who are outside of the whole legal citizenship system itself. It is the process by which
this is happening, and the potential danger of this norm spreading that provided a catalyst
for this piece.
Although international human rights law stipulates fundamental human rights based on our
shared humanity (and not citizenship status), in reality the legal bond of citizenship to a
state is a crucial determinant in accessing many rights. This is highlighted in the inclusion of
a right to nationality in various international treaties, most notably Article 15 of the
Universal Declaration of Human Rights.4 This Article additionally prescribes that “No one
shall be arbitrarily deprived of his nationality”.5 Being left stateless often leads to exclusion
from access to rights such as education, employment, movement and healthcare, which
leads to the exacerbation of poverty and the marginalization of these individuals and
communities. Further to this statelessness often leads to national and regional tensions as
these person and communities are not seen to belong anywhere. It is therefore a
phenomenon that should be prevented and reduced, the recognition of which lead to two
stateless specific international conventions; the 1954 Convention Relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness.6
Statelessness is caused as nations are sovereign to decide and identify who they consider to
be their citizens and there are no guarantees that everyone will be included in this system.
However there are restrictions to this, which relate to the creation of statelessness, as
stipulated in Article 1 of the 1930 Hague Convention:
“It is for each State to determine under its own law who are its nationals.
This law shall be recognised by other States in so far as it is consistent with
international conventions, international custom, and the principles of law
generally recognised with regard to nationality.”7
UN,. 1954, The Convention Relating to the Status of Stateless Persons,
http://www.unhcr.org/3bbb25729.html
3
United Nations, 1948, The Universal Declaration on Human Rights,
http://www.un.org/en/documents/udhr/, Article 15.
4
5
Ibid
The 1954 Convention Relating to the Status of Stateless Persons,
http://www.unhcr.org/3bbb25729.html, and the 1961 Convention on the Reduction of
Statelessness, http://www.unhcr.org/3bbb286d8.html
6
League of Nations, Convention on Certain Questions Relating to the Conflict of Nationality Law, 13
April 1930, League of Nations, Treaty Series, vol. 179, p. 89, No. 4137, available at:
http://www.refworld.org/docid/3ae6b3b00.html, Article 1.
7
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