Stand-alone unit B
Statelessness explained, part 2 (of 2)
Summary
This unit builds on the materials
covered in Unit A, which provided an
introduction to the phenomenon of
statelessness and an in-depth look
at the prevention of statelessness.
Here, attention is turned to the
reduction of statelessness – the
resolution of existing cases – and the
protection of stateless persons.
In looking at avenues for the
reduction of statelessness, students
are briefly introduced to the
demands placed by international
law on a State’s policy of nationality
attribution, including through
naturalisation, in the specific
circumstance of statelessness.
Thus, the potential for case-by-case,
individual naturalisation of stateless
persons as a means of reduction is
studied and the relevant provisions
of the 1954 Convention relating to
the Status of Stateless Persons
and the European Convention on
Nationality are presented, along with
relevant statements by UN treaty
bodies. Thereafter, the possibility
of resolving statelessness through
large-scale reduction campaigns is
presented. Students are shown how
international legal standards relating
to the right to a nationality and the
avoidance of statelessness can
inspire a reduction campaign which
8
A Guide to Teaching on Statelessness
could be based on laws adopted
specifically to tackle statelessness
among a certain population or
legislative amendments designed
to prevent future statelessness
that are applied with retroactive
effect. Students take a look at an
example of a large-scale reduction
campaign and are asked to consider
what is involved in the design,
implementation and monitoring of
such a campaign and what difficulties
may arise at each stage that must be
taken into account for the campaign
to be successful.
Moving to the discussion of the
protection of stateless persons,
students are reminded of a
fundamental premise of human
rights law – that most rights are to be
enjoyed by everyone, everywhere.
The development of human rights
law as a move towards de-linking
enjoyment of rights from nationality
is discussed as is the impact of
this development on the role of
nationality in the enjoyment of rights.
Students are shown how universal
and regional human rights standards
and machinery can contribute to
the enjoyment of rights by stateless
persons, but also in which areas
stateless persons may miss out on
full protection as a result of their lack
of a nationality.
The 1954 Convention relating to
the Status of Stateless Persons
is introduced as a complementary
and supplementary legal regime,
alongside human rights law. The
current standing, including the
number of State parties and recent
calls for further accession, to the
1954 Convention is briefly laid out.
Through a closer inspection of a
number of provisions of the 1954
Convention, students are asked to
consider the instrument’s strengths
and weaknesses. Attention is thereby
paid, in particular, to the effect of
offering rights at different “levels
of attachment” to the State and at
different “standards of treatment”.
In addition, the inclusion of certain
special rights such as access to
travel documents versus the absence
of provisions relating, for instance, to
entry and residence or supervision of
the Convention is discussed. Finally,
to bring the units A and B to a close,
students look at the efforts that are
currently being made to combat
statelessness and its detrimental
effects by summarising the role
of different national, regional and
international actors in addressing this
issue as identified over the course of
these two units.