UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
the term “stateless person” means a person who is not considered as
a national by any State under the operation of its law and as such,
children who are stateless are also subjected to have human rights
and protection under the said convention. The 1954 Convention has
established the minimum standards of treatment for stateless people
in respect to several rights as citizens pertaining to freedom of religion
and education of their children. It also provides other rights, but not
limited to, the right of employment, the housing stateless persons are
to enjoy, at a minimum, the same treatment as other non-nationals 16
for the stateless people and children. In addition, the 1954 Convention
guarantees stateless people and children a right to identity, travel
documents and administrative assistance.
(iii)
1961 Convention on the Reduction of Statelessness
The 1961 Convention on the Reduction of Statelessness (hereafter
known as the 1961 Convention) has two important provisions
pertaining to children, namely Article 1 and Article 2. By virtue of
Article 1 of the 1961Convention,” a contracting state shall grant its
nationality to all stateless children born in their state subject to certain
conditions, automatically or upon application”. In addition, Article 2
allows granting of nationality to foundlings or children who are found
abandoned in their state.17
The 1961 Convention is intended to be a safeguard against
statelessness, particularly in the prevention of statelessness at birth by
requiring States to grant citizenship to children born on their territory,
or born to their nationals abroad, who would otherwise be stateless.
The Convention further requires States to either grant nationality to
children automatically at birth or subsequently upon application. The
1961 Convention also prohibits the withdrawal of citizenship from
States’ nationals, either through loss, renunciation, or deprivation of
nationality, which would result in statelessness. Such a prohibition is
a form of protection for children from becoming stateless 18.
16
17
18
1954 Convention Relating to the Status of Stateless Persons. UNHCR. https://
reliefweb.int/report/world/text-1954-convention-relating-status-statelesspersons-enmy>. Retrieved date: 16.4.2021.
Subodh Asthana. (February 3, 2020). Statelessness under International Law: All
you want to know. Retrieved from:< https://blog.ipleaders.in/statelessness/#1954_
Convention_relating_to_Status_of_Stateless_Persons>
1961 Convention Retrieved from:https://www.unhcr.org/ibelong/wp-content/
uploads/1961-Convention-on-the-reduction-of-Statelessness_ENG.pdf
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