The [1954 Convention] aims to establish a legal framework to regulate the situation of stateless persons that are not subject to discrimination and therefore make
full exercise of their fundamental rights. … [It also] aims to prevent statelessness,
guaranteeing the right to a nationality, in consideration of the factors of birth,
residence, [and] hereditary transmission and pursuant to the principles of equality, non-discrimination, protection of minorities and territorial integrity.280
The Ministry of Foreign Affairs highlighted that the adherence of Colombia as a
party to both Statelessness Conventions would fill a legal gap in domestic legislation and
that it is desirable to harmonize the Colombian legal system with international developments to address statelessness.281 The ministry also suggested that the recognition of
the constitutionality of these conventions, and their further incorporation in domestic
legal norms, would renew the international commitment of the state to the protection
of human rights.282
The Colombian government has made international commitments in international forums showing its support for the prevention and reduction of statelessness.
The permanent mission of Colombia to the OAS was recorded as the proponent
of Resolution 2665 of 2010 on the Prevention and Reduction of Statelessness and
Protection of Stateless Persons in the Americas,283 as well as of Resolution 2826 of 2014
on the Prevention and Reduction of Statelessness and Protection of Stateless Persons
in the Americas, which it proposed jointly with Uruguay.284
In 2013, the Constitutional Court elaborated on the importance of the right to
nationality, describing statelessness as
the condition of the citizen who is not considered a national of the country of his
birth, or any other State which may be de jure, when it exists under the laws of a
country, or de facto, when people do not enjoy the same rights of other citizens, as
their country does not grant [them] a passport or does not allow [them] to return,
or when [they] cannot prove through documents [their] nationality.
Statelessness is directly related to the concept of citizenship, understood as the
legal bond between a State and an individual and signifying its legal existence
and the enjoyment of fundamental, economic, social and cultural rights, as well
as determining political, social and economic responsibilities of both the State
and the person.
It could be believed that given the current conditions of the States, the phenomenon of statelessness is an isolated and rare occurrence; however, due to
geopolitical changes, to poor systems of birth registration, a poorly designed law,
cultural beliefs, issues of racial and gender discrimination, and political changes
BORN IN THE AMERICAS
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