Part I. Introduction and Context
laws that plays a role: it is clearly about preventing statelessness, but also about rules on
acquisition of nationality and non-discrimination in a very specific situation that has a big
impact on nationality matters. Moreover, there are of course legal standards that proclaim
the right to a nationality or that deal with the acquisition of nationality by stateless people
through facilitated naturalization.
Based on the above exploration, at least five categories of substantive legal norms
on preventing and solving statelessness can be distinguished, which articulate different
aspects of the human right to a nationality262:
– legal norms aimed at preventing and solving childhood statelessness;
– legal norms concerning solutions to conflicts of nationality law and preventing loss
/ (arbitrary) deprivation / denial of nationality (later in life – in order to prevent
statelessness);
– nationality matters and reduction of statelessness in the context of state succession;
– legal norms aimed at the right to a nationality and acquisition of a nationality for
people who became stateless in the past and remain stateless today and/or who arrive
to a country stateless (in order to solve statelessness);
– legal norms ensuring non-discrimination and equality before the law in nationality
matters (acquisition and loss and (arbitrary) deprivation of nationality – in order to
prevent and solve statelessness).
Legal norms addressing the nationality of (married) women were not given a separate
category, similar to preventing and solving childhood statelessness, because they were
simply less prominent. These legal norms fit, however, within the categories on nondiscrimination and on preventing conflicts of nationality laws and loss of nationality.
It is acknowledged that, even with this preliminary categorization, it might be
hard to distinguish one category from the other. That is no surprise and is also not
problematic, because all types of norms concern the prevention of and solutions to
statelessness in the end, which makes it only logical that they are interrelated to some
extent. For instance, there are norms specifically for children that also fit in the other
categories – where it concerns non-discrimination of children in nationality matters for
instance. However, because they focus on children, such norms can most appropriately
be considered under the heading of childhood statelessness.
Moreover, it should be noted that it is difficult to separate the substantive norms on
preventing and solving from the more procedural ones. For instance, in order to be able
to prevent statelessness or solve statelessness, it is necessary to know what this entails and
to be able to identify it. As such, the definition of statelessness and adequate procedures
for determining statelessness, but also fair procedures for acquisition of nationality are
important to all categories of legal norms identified above. This presupposes that the
rights to due process and an effective remedy263 are also adequately ensured.
262
263
48
For a schematic overview, please refer to annex I.
On the rights to due process and an effective remedy, see for instance Arts 2(3) & 14 ICCPR.
Intersentia
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