Part I. Introduction and Context
Both thereby show their commitment to connecting between people and states, beyond
borders so that everyone can enjoy their rights. Where nationality was always viewed as
a confirmation of a bond between the person and a state, in Europe it is considered as a
way to establish a bond between a person and a state that is essential for being included
in European society. Statelessness as such is therefore undesirable, but it does not take
away from the fact that large numbers of people remain excluded from society and from
(certain) rights. How to mitigate this tension between in- and exclusion using the legal
concept of nationality is therefore a question that the continent continues to be faced
with.
Today, statelessness still affects hundreds of thousands of people in Europe and
different factors, including issues around discrimination, migration, registration and
administration contribute to this. When considering the numbers on statelessness in
Europe, causes relating to state succession remain most prevalent, despite specific legal
instruments on this. Statelessness thus remains a widespread phenomenon at European
level, despite efforts to reduce it through the adoption of legal instruments. At the
same time, continued challenges presented by history taking another turn and crises
emerging put further pressure on questions of nationality, identity and registration.
Developments, also legally, to respond to these issues and to address statelessness
remain ongoing.
Think back also to the situation of the Grynszpan family from 1938 that was
described at the beginning of this chapter. When comparing this to the account of
Rashid in 2014 as included in paragraph 2.7, there are major differences between them
of course. But both stories do have similarity: they concern people that for reasons of
no state feeling responsible for them were or are left in difficult situations in which they
suffer. Despite all historical and legal developments, despite the fact that the key legal
instruments were adopted years ago by states, people remain trapped in situations of
misery, uncertainty and rightlessness without a nationality. This begs the question
where we currently stand at a European, regional level from a legal perspective in
addressing statelessness and what more would be needed to truly solve statelessness in
Europe. The efforts of the CoE and EU in this regard are explored in Part II of this
research.
This chapter furthermore served to help uncover any changes that would need to
be made to the analytical framework as set out in paragraph 1.5.3. This framework
was based on the exploration of international legal instruments and legal instruments
from other regions in the world relating to the right to a nationality and statelessness. It
helps to provide proper analysis of the European legal instruments in the chapters that
follow, taking into account the context in which these were developed and operate. A
couple of questions were visible from the analysis in chapter 1, such as whether norms
addressing the nationality of women would amount to a separate category and whether
norms relating to nationality matters and preventing statelessness in the context of
state succession really needed to be included as distinct from the other categories. From
this chapter, no urgent reason arose to include women’s nationality rights separately.
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