1. INTRODUCTION
“Everyone has the right to a nationality. No one shall be
arbitrarily deprived of his nationality, nor denied the right
to change his nationality.”1
This right, enshrined in the Universal Declaration
of Human Rights 1948, may be true in theory but
the reality in practice is less clear. Since 1948, the
United Nations and other international bodies have
adopted resolutions and conventions highlighting
the importance of preventing and eliminating
statelessness.2 Despite recognising that every person
should have a nationality, there are currently an
estimated 10 million stateless people globally, around
600,000 of whom are in Europe.3 According to the
United Nations High Commissioner for Refugees
(UNHCR), every 10 minutes a baby is born stateless
around the world.4
In recent years, political instability and the global
refugee crisis have made the topic of statelessness
ever more relevant. Especially where children on the
move are concerned, states are under the obligation
to ensure that they are protected in law. As a
signatory to the UN Convention relating to the Status
of Stateless Persons 1954 (1954 Convention) and one
of the first five states to ratify the UN Convention
on the Reduction of Statelessness 1961 (1961
Convention), Austria has recognised the importance of
safeguarding nationality rights to prevent statelessness.
Nonetheless, gaps in Austrian nationality law remain
with growing concern about children at risk of being
born stateless in Austria.
1
Article 15 Universal Declaration of Human Rights 1948
Batchelor, “Statelessness and the Problem of Resolving Nationality Status” (International Journal of Refugee Law, Vol 10. No 1/2) (Oxford University Press, 1998), p.156
2
3
UNHCR, Statelessness around the world, http://www.unhcr.org/statelessness-around-the-world.html (accessed 6 January 2017)
4
UNHCR, “I belong” Campaign, http://www.unhcr.org/ibelong/ (accessed 6 January 2017)
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