Part I. Introduction and Context
forms of discrimination against all women and girls everywhere in relevant in battling
inequality between men and women in nationality laws and preventing statelessness
arising as a consequence of that.204 SDG 10 and Target 10.3 furthermore aim to ensure
equal opportunity and reduce inequalities of outcome, including by eliminating
discriminatory laws, policies and practices and by promoting appropriate legislation,
policies and action in this regard. As statelessness is often the result of exclusion and
discrimination, this target is pertinent to preventing and solving statelessness.205 Also
useful to preventing and solving statelessness is SDG 16 and Target 16.9206, which aim
to achieve legal identity for all, including birth registration, by 2030. Birth registration
is often the first step in realizing every child’s right to a nationality. Furthermore,
nationality documentation – proof of legal identity – is important for claiming
nationality and the benefits attached thereto.207 Indeed, SDG Target 16.9 can be an
opportunity for people at risk of statelessness or who are stateless. “The opportunity
is the belated emphasis on the importance of official recognition and registration as a
means for an individual to assert rights as a member of society.”208 At the same time,
one should also be aware of the threats that “short cuts and interim solutions” pose: “a
utilitarian commitment to the majority or to the priorities of the state rather than the
individual, mean those of ‘doubtful’ status are – despite the SDG commitment – left
behind”.209
Moreover, SDG Target 16.7 aims to ensure responsive, inclusive, participatory and
representative decision-making at all levels, hinting in particular at the rights that
stateless people notoriously lack: electoral and participatory rights, which are reserved
for citizens. At the same time, “[g]enuine democratic elections expressing the will of
the people are essential to securing the legitimate authority of governments and the
promotion and protection of human rights”.210 The participatory rights for stateless
people have been identified as an issue pertaining to international (human rights)
law in this context211, for which citizenship often remains a precondition. Addressing
the participatory rights of stateless persons may therefore also demand further
consideration of solutions – i.e. granting of nationality.
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40
UNHCR, ‘The Sustainable Development Goals and Addressing Statelessness. Briefi ng Note’ (2017) 3
<https://www.refworld.org/pdfid/58b6e3364.pdf> accessed 5 September 2021.
Ibid.
See also ISI, ‘Sustainable Development Goal 16.9. Legal Identity, Nationality & Statelessness’ (2018)
Statelessness Essentials No. 9 <https://fi les.institutesi.org/Legal-identity.pdf> accessed 5 September
2021.
Ibid, 4. See also para 1.4.3 of this chapter on the relation between registration, documentation, legal
identity, nationality and statelessness.
Bronwen Manby, ‘“Legal Identity for All” and Statelessness: Opportunity and Th reat at the Junction of
Public and Private International Law’ (2020) 2 Statelessness and Citizenship Review 248, 271.
Bronwen Manby, ‘“Legal Identity for All” and Statelessness: Opportunity and Th reat at the Junction of
Public and Private International Law’ (2020) 2 Statelessness and Citizenship Review 248, 271.
The Carter Center & OHCHR, ‘Human Rights and Election Standards: A Plan of Action’ (December
2017) 4 <https://www.ohchr.org/Documents/Issues/Democracy/Elections/POA_EN.pdf> accessed
5 September 2021.
Ibid, 7.
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