Part I. Introduction and Context
They do not present a systematic comparative study of national laws, which would go
beyond the scope of this project.
In this chapter, and partly in chapter 2, an analytical framework is established to
consider the different norms in European law for preventing and solving statelessness.
This framework is established by exploring the right to a nationality and other norms
addressing statelessness in international (human rights) law. Relevant (human rights)
standards of other regional frameworks and mechanisms for intergovernmental
cooperation are also included. From this, some lines or broader categories for
considering the prevention of and solutions to statelessness are drawn. These serve as
a way to systematize and categorize the legal norms in European law, and also increase
the comparability of the findings in chapter 3 on the CoE and chapter 4 on the EU.
Chapter 2 provides the necessary context and gives an insight into the (historical)
background to statelessness in the region and the context in which the European
cooperation mechanisms and the norms addressing statelessness and nationality were
enacted and currently still operate. This helps to further delineate and confirm the
analytical framework established for analyzing and systematizing European law in the
following chapters. It is also key in working towards the conclusions in chapters 5 and
6, because it adds to the critical dimension if this research, as well as to its explorative
nature – “[r]elating legal research to the ongoing nature of [processes in which existing
rules are reinterpreted and new rules formulated], and asking which interpretations,
additions and changes may become part of these processes”.15 As such, this research
systematizes the relevant law, but also critically analyzes and compares it, placing it in a
social-historical perspective and exploring strengths and weaknesses.
1.3. R ELEVANCE
Statelessness is considered an ‘issue’ or ‘problem’ from different perspectives, as could
be seen at the start of this chapter, not least from a societal perspective. Stateless people
often lack the rights and ability to truly be part of society. This dissertation, aimed at
studying prevention of and solutions to statelessness, can therefore be of relevance
in addressing the position of stateless people in society and help to identify ways for
ensuring their full participation. Furthermore, the issues surrounding nationality –
who is included in society and is given the status, i.e. nationality, to prove it and who
is not – are today constantly visible in public debate. An example is the matter of
stripping jihadists of citizenship, to which some states in Europe have (re)turned as a
national security measure discussed throughout Europe to prevent terrorism.16 The
15
16
8
A Andreassen, Hans-Otto Sano & Siobhán McInerney-Lankford (eds), Research Methods in Human
Rights. A Handbook (Handbooks of Research Methods in Law, Edward Elgar Publishing 2018) 48–50.
Ernst Hirsch Ballin, Advanced Introduction to Legal Research Methods (Elgar Advanced Introductions,
Edward Elgar 2020) 87.
Eg Sangita Jaghai & Laura van Waas, ‘Stripped of Citizenship, Stripped of Dignity? A Critical
Exploration of Nationality Deprivation as a Counter-Terrorism Measure’ in Christophe Paulussen &
Intersentia
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents