Unit 9 [core unit] Protecting stateless persons (1): Human rights law and the protection of stateless persons Summary This unit looks at a range of international legal standards that offer guidance for the protection of stateless persons, alongside the provisions of the 1954 Convention relating to the Status of Stateless Persons which will be discussed in the following unit. Students are shown how universal and regional human rights standards and machinery can contribute to the enjoyment of rights by stateless persons – indeed the very development of human rights law as a move towards diminishing the role of nationality for the enjoyment of rights is discussed. The historical significance of nationality and the influence of the development of human rights law on the role of nationality are discussed. Through looking more closely at contemporary human rights instruments, students are encouraged to think about the extent to which the enjoyment of rights has been de-linked from nationality over the past half-century and to consider in which areas stateless persons may miss out on full protection as a result of their lack of a nationality. Students are, in particular, asked to consider the meaning and scope of the principle of non-discrimination and of equality before the law, in the context of distinctions between citizens and non-citizens and the Learning objectives • Recognise why human rights law is relevant to the enjoyment of rights by stateless persons. Discuss the extent to which the development of human •rights law has led to de-linking of nationality and human rights protection and how this has impacted on the role of nationality in the enjoyment of rights. specific question of the position of stateless persons. The use of human rights treaty reporting or individual complaints procedures to promote the rights of stateless persons is discussed through the presentation of relevant examples. The overall impact of these international standards that complement the protection offered by the 1954 Convention can be explored further through the consideration of cases relating to a particular country or of certain thematic concerns, such as the scope of the right to enter one’s “own country” in the context of statelessness. • Identify and discuss relevant human rights standards for the enjoyment of rights by stateless persons in particular cases – taking into account the country and the issue involved. • Understand how international human rights law complements the 1954 Convention. • Explain how universal and regional human rights standards and mechanisms can be used to promote the enjoyment of rights by stateless persons. Readings and information sources Key readings Tiburcio, The Human Rights of Aliens under International and Comparative Law, chapter II on “The Historical * C. Development of the Treatment of Aliens” and chapter III on “Development of the Treatment of Aliens from Diplomatic Protection to Human Rights”, Kluwer Law International, The Hague, 2001. of the United Nations High Commissioner for Human Rights, The Rights of Non-Citizens, Geneva 2006. * Office http://www.ohchr.org/Documents/Publications/noncitizensen.pdf van Waas, Nationality Matters. Statelessness under International Law, chapter XIII on “International Law and the * L. Protection of Stateless Persons”, Intersentia, 2008. A Guide to Teaching on Statelessness 37