ADDRESSING STATELESSNESS THROUGH THE RULE OF LAW Equality under the law and non-discrimination Discrimination and inequality are both causes and consequences of statelessness. Millions of people are left stateless due to discriminatory deprivation of nationality on the basis of ethnicity or religion and as a consequence of formal or informal policies and practices that have a disproportionate impact on certain groups.18 A notable example of statelessness as a result of discrimination can be found in Myanmar, where the ethnic and religious minority Rohingya have been deprived of their right to a legal identity for decades. Other stateless populations affected by discriminatory laws and policies include persons of Haitian descent in the Dominican Republic, ethnic Kurds in Syria, and Romani populations in Europe. Statelessness often exacerbates the marginalisation and exclusion that minorities may face, further limiting their access to rights and services, and deepening their sense of being outsiders and not belonging. The rule of law requires measures to ensure adherence to the principles of equality before the law and fairness in the application of the law. All persons subject to the jurisdiction of any State, regardless of legal status, are in principle equal before the law and have equal protection under the law. States have a positive obligation to ensure that stateless persons within their jurisdiction are protected against such rights violations and are able to access justice mechanisms. The adoption of just and equitable legislative measures, as well as the elimination of discriminatory laws, helps prevent rights violations and promotes the realisation of rights more broadly. International and regional law, international jurisprudence, and treaty body conclusions and recommendations, as well as States’ commitments to the 2030 Agenda, require States to refrain from arbitrarily depriving anyone of nationality,19 discriminating against individuals or groups in the application of nationality laws, policies, and procedures, or discriminating against stateless persons due to their lack of citizenship. Box 2: Reforming nationality laws in Morocco The reform of discriminatory laws, policies, and procedures helps prevent and resolve statelessness and has a direct impact on the number of stateless persons in a country. This can be seen in countries that have taken steps to remove gender discrimination from their nationality laws such as Morocco.20 In March 2007, Morocco passed a bill amending the Nationality Code, granting Moroccan women the same rights as those enjoyed by men to confer nationality on their children, with retroactive effect.21 The new provision provides that a child born to a Moroccan father, or a Moroccan mother is Moroccan. In 2008, Morocco lifted its reservation to Article 9(2) of the Convention on the Elimination of All Forms of Discrimination Against Women.22 At the end of December 2011, the number of children born to Moroccan mothers and foreign fathers who had been able to obtain Moroccan nationality since the entry into force of the Nationality Code had reached 32,571. In 2018 alone, the number was 33,587. Compliance with international human rights norms and standards The right to nationality can be found in a number of major human rights instruments, starting with Article 15 of the Universal Declaration of Human Rights, with a particular emphasis placed on the right of every child to acquire a nationality.23 Unfortunately, laws and policies which deprive children of nationality on a discriminatory or arbitrary basis, as well as laws that fail to include crucial safeguards to prevent statelessness from occurring during childhood and later in life mean that in many countries the right to nationality is an obligation that is often breached. For example, apart from countries that 8 subscribe to a jus soli regime under which children born on the territory of a State acquire the nationality of that State simply as a result of being born there, States must enact safeguards so that children who are not able to acquire nationality from their parents are not left stateless. This would be the case, for example, for children born to two stateless parents, or in the case of children left abandoned and whose parents are unknown. In his report ‘In larger freedom: Towards development, security and human rights for all,’ the UN SecretaryGeneral noted that “…[a]ll human beings have the right to be treated with dignity and respect”.24 Such dignity and respect are afforded to people through the enjoyment of all human rights and are protected through the rule of law. The backbone of the freedom to live in dignity is the international human rights law framework, together with international humanitarian law, international criminal law, and international refugee law. While it is in principle for each State to determine under its own law who are its nationals, States are also required to comply with international human rights law concerning the granting and loss of nationality, which puts significant limits on State discretion in this respect.25 The consistent application of international standards on statelessness is essential to end statelessness. Accession to international and regional conventions