Rising Statelessness Due to Disappearing Island States
those rights, arts 17–19 and 24 concerning ‘the rights to work’, art 21 with regard
to ‘the right to housing’ and art 24, which incorporates ‘the right to social security’
should be highlighted. 129 As can be seen, the 1954 Convention incorporates
existing human rights standards, which can be found in various human rights
treaties. 130 Importantly, however, the 1954 Convention even goes beyond those
standards. 131 For instance, art 32 of the 1954 Convention includes an obligation to
‘facilitate the assimilation and naturalization of stateless persons’. Thus, while the
1954 Convention does not confer an obligation on states to grant nationality to
stateless persons, it does call on them to facilitate the naturalisation of stateless
persons ‘as quickly and easily as possible’. 132 Moreover, arts 27 and 28 oblige
states to issue travel documents to stateless persons within their territory. 133
Article 25 of the 1954 Convention foresees that stateless persons are afforded
administrative assistance in cases where the assistance of authorities of a foreign
country to whom the stateless person cannot have recourse would be required.
Stateless persons greatly benefit from those provisions, which confer a legally
binding obligation on host states to facilitate their naturalisation as well as to issue
travel documents and to offer administrative assistance. 134
In general — and different to the ICCPR or the ICESCR — the 1954
Convention sets out different standards of treatment, depending on the right in
question. Some provisions require states to grant the same rights to stateless
persons as are granted to their nationals, others accord to stateless persons the same
level of treatment as granted to other non-nationals in the state. The 1954
Convention also grants several absolute rights to stateless persons regardless of
whether they also exist for nationals. 135 In general, however, the 1954 Convention
shall accord to stateless persons the same treatment as is accorded to non-nationals
in general (art 7(1)). Overall, the 1954 Convention is beneficial to stateless persons
as it grants them a minimum standard of human rights as well as several guarantees
that go beyond those rights incorporated in the ICCPR or ICESCR.
Importantly, several regional human rights courts have already stressed the
relevance of ‘legal identity’ for the enjoyment of human rights in general. 136 Many
provisions in the 1954 Convention only grant protection to those stateless persons
129 Furthermore, the 1954 Convention (n 3) includes the right to access primary education and
the right to be provided identification documents: Belton (n 36) 226.
ICCPR (n 41); ICESCR (n 50).
Stoutenburg (n 11) 427.
van Waas (n 15) 73.
Eg, Stoutenburg suggests that governments in exile would be still able to issue travel and
identification documents: Stoutenburg (n 80) 427.
134 However, how those obligations — especially art 32 of the 1954 Convention (n 3) — can be
exactly enforced against ratifying states is yet another question.
135 van Waas (n 15) 73.
136 Apleyeva and Dzhalagoniya v Russia (European Court of Human Rights, Chamber
Application Nos 7549/09 and 33330/11, 12 June 2018); The Nubian Community in Kenya
v The Republic of Kenya (Merits) (African Commission on Human and People’s Rights,
Communication No 317/2006, 28 February 2015); IHRDA and OSJI (on behalf of children of
Nubian descent in Kenya) v Kenya (African Committee of Experts on the Rights and Welfare
of the Child Decision 002/COM/002/09, 22 March 2011); Marija Dobric and Philipp Janig,
‘Stateless Persons and Social Rights’ in Christina Binder et al (eds), Research Handbook on
Social Rights (forthcoming).
130
131
132
133
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