Leaving No One Behind: Statelessness and the Sustainable Development Goals Differentiated treatment for non-citizens is accepted by the international human rights regime as legitimate in some contexts, including in relation to the right to enter and remain in a State, the exercise of political rights and (in some contexts) access to economic and social rights. These exceptions are limited.144 In practice, as noted under the previous headings, discrimination against stateless persons has a pervasive impact on their access to other supposedly universal rights. Therefore, discrimination in nationality law is even more important than discrimination in access to services. Development actors must also address the discrimination that is the root cause of statelessness if the SDG goal to leave no one behind is to be achieved. Sex discrimination in access to nationality impacts children (of either sex) who cannot acquire a nationality from a parent as a result. As at March 2025, 24 countries worldwide still retain nationality laws that deny women the right to confer citizenship on their children on an equal basis with men, or discriminate between children born in or out of wedlock for the transmission of nationality.145 Discrimination in related laws, such as a family or civil status code, remains more common and is often a cause of statelessness. In particular, discrimination against children born out of wedlock may create difficulties in the transmission of nationality or registration of birth, even if the nationality law itself provides for equal rights. Discrimination based on race, ethnicity and religion is relatively rare as an explicit provision in nationality laws, but pervasive in practice.146 Front desk officials too often make assumptions about nationality based on name, language, ethnic group or religion, without regard to the detailed content of nationality law and the facts of the person’s place of birth or ancestry. It is common in such cases for members of groups whose nationality status is perceived as doubtful to be subjected to unreasonable bureaucratic burdens – for example to produce additional documentary evidence of entitlement – that are not imposed on members of other communities. Such arbitrary practices are sometimes used to justify discrimination – in access to health, education or livelihoods, that would otherwise not be permitted in international law – on the basis that those discriminated against are foreigners.147 The rule of law SDG 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. One of the main causes of statelessness is the scope for arbitrary decision-making in relation to the issue of documents confirming nationality. This is especially – but not only – where a person does not hold the feeder documents necessary to enrol in the system (such as a birth certificate).148 144. UN Committee on the Elimination of Racial Discrimination, “CERD General Recommendation XXX”. 145. UNHCR and UN Women, Background note on gender equality, nationality laws and statelessness (Geneva, UNHCR, March 2025) https://www. refworld.org/reference/reports/unhcr/2025/en/149603 146. UNHCR, “This is our home”; Bronwen Manby, “Denial and denigration: how racism feeds statelessness” (London: Minority Rights Group International, 2017), https://minorityrights.org/resources/denial-and-denigration-how-racism-feeds-statelessness/; UNHCR, “Background note on discrimination in nationality laws and statelessness” (Geneva: UNHCR, October 2021), www.refworld.org/reference/themreport/unhcr/2021/en/123937. 147. James A. Goldston, “Holes in the rights framework: racial discrimination, citizenship, and the rights of noncitizens”, Ethics & International Affairs 20, No. 03 (2006): 321–47; E. Tendayi Achiume, “Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance: racial discrimination in the context of citizenship, nationality and immigration status”, A/HRC/38/52 (Geneva: United Nations, 25 April 2018), para. 19, https://undocs.org/A/HRC/38/52; UNHCR, “Guidelines on statelessness No. 5: Loss and deprivation of nationality under Articles 5–9 of the 1961 Convention on the Reduction of Statelessness”, HCR/GS/20/05 (Geneva: United Nations, May 2020), www.refworld.org/ policy/legalguidance/unhcr/2020/en/123216. 148. UNHCR and IDLO, “Addressing statelessness through the rule of law” (Geneva: United Nations, 2022), www.refworld.org/policy/polrec/unhcr/2022/ en/124187. 41