Stand-alone unit A Statelessness explained, part 1 (of 2) Summary Together, units A and B comprise a stand-alone unit on statelessness, viewed from a broad human rights angle, which can be incorporated into any related course. This first unit looks at the concept of statelessness, how it comes about and what can be done to prevent it. The second unit focuses on ensuring the protection of the rights of stateless persons as well as investigating avenues for resolving cases of statelessness. Unit A opens with an introduction to the concepts of nationality and statelessness. The scale and impact of the problem of statelessness worldwide is discussed and an overview is provided of the consequences of statelessness for individuals, communities and States. Discussion then moves to the origins of statelessness. Students are informed of the doctrines that exist for the attribution of nationality – jus soli, jus sanguinis and jus domicilii – and how the convergence of different approaches to nationality may lead to statelessness. The possibility of loss, renunciation or deprivation of nationality is also briefly introduced and students are shown how this may result in statelessness. A particular focus is placed on the creation of statelessness at birth and on discriminatory laws and practices that may lead to statelessness. The basic freedom of States to grant and withdraw nationality according to their own rules and principles is explained, including the considerations of State sovereignty which underly this freedom. The right to a nationality, as enshrined in the Universal Declaration of Human Rights and numerous other instruments, is also presented. Students are asked to contemplate the tension between the freedom of States to regulate nationality and the growing body of international legal standards relating to the prevention of statelessness. Focussing specifically on the problem of statelessness among children and of discrimination contributing to the creation or perpetuation of statelessness, students then look at a number of the main provisions of the 1961 Convention on the Reduction of Statelessness. Some background information on the 1961 Convention and its present standing within the overall body of international law is offered. In assessing the strengths and weaknesses of the 1961 Convention, among the points to consider are: the level of detail of the safeguards against statelessness versus the lack of guidance in determining when the Convention is applicable (such as in identifying a person as “otherwise stateless”); and the careful focus on safeguards against statelessness Learning objectives Describe the problem of statelessness, its scale and •consequences. In parallel to the review of the 1961 Convention, other relevant international norms are introduced. These include the many human rights provisions on the right of every child at birth to acquire a nationality and to be registered, most importantly in the almost universally ratified Convention on the Rights of the Child (CRC) as well as the relevant articles of the International Covenant on Civil and Political Rights (ICCPR). With regard to the avoidance of statelessness arising from discriminatory laws and practices, students discuss the relevant provisions of CEDAW (relating to gender discrimination in the enjoyment of the right to a nationality) and CERD (relating to racial discrimination in the enjoyment of the right to a nationality). Time allowing, regional human rights instruments and the European Convention on Nationality can also be discussed and/or the content and scope of particular provisions can be investigated in greater depth through consideration of a number of documents of relevant bodies such as the Committee on the Rights of the Child. the tension that exists between the freedom •of Appreciate States to regulate nationality and the need to avoid statelessness / ensure the right to a nationality. • Explain how the existence of different doctrines for attributing nationality and the possibility of loss, renunciation or deprivation of nationality may lead to statelessness. 6 that do not further impinge on the freedom of States to regulate nationality versus the failure to rule out the creation of statelessness in a number of circumstances. A Guide to Teaching on Statelessness Identify some of the strengths and weaknesses of •international standards for the avoidance of statelessness, in particular regarding statelessness among children and statelessness resulting from discriminatory nationality laws.