2019
Statelessness & Citizenship Review
1(2)
right to life tied to poverty, grossly inadequate housing and homelessness have
not received the same attention. 122
Stateless persons are one such group that face deprivation of the right to life
due to poverty, inadequate housing, and homelessness, due to active state
persecution and more passive marginalisation. Some of these threats to the right
to life stem from violations of the right to the highest attainable standard of
health, while others are unique. Stateless persons experiencing homelessness or
living in severely inadequate housing may experience exposure to extreme
weather that jeopardises their right to life. Those living in informal settlements,
where stateless persons often are forced to reside, face additional hazards such as
fire from unauthorised electrical connections or landslides as their housing is
built on unstable ground. 123 As noted earlier, inadequate housing can expose
stateless persons to water and sanitation-related illnesses, which in extreme cases
can threaten their right to life. Inadequate housing can also increase the incidence
of domestic violence, which can constitute a violation of the right to life. 124
Stateless women and children may be unable to leave situations of domestic
violence that threaten their lives due to a lack of community and state support,
and instead be dependent on abusive male adults for both housing security and a
recognised nationality.
Violations of the right to adequate housing and its intersection with other
human rights, such as the right to education, the highest attainable standard of
health, and life, all contribute to higher rates of poverty for stateless persons.
Segregation in housing or being forced to live in isolated areas without public
transportation, combined with a lack of identity documents or documents
proving place of residence, can severely limit access to employment and
employment opportunities. A lack of services can require that stateless persons
spend much of their time collecting water or firewood instead of earning income,
and a lack of a nationality can contribute to stateless persons being unable to
qualify for government benefits. Limited educational opportunities due to both
inadequate housing and the lack of a nationality can limit future earning
potential, condemning children to lifetimes of poverty. Denial of access to
healthcare due to both stateless status and housing situation can force individuals
to spend their lives battling illness, limiting initial options for employment and
creating obstacles to maintaining steady jobs. Challenges to simply staying alive,
stemming from inadequate housing and lack of a nationality, can also limit
stateless persons’ opportunities for employment, which would help them escape
poverty. Similar to how identities interact and have compounding effects on the
enjoyment of the rights of stateless persons, violations of the right to adequate
housing and the right to a nationality can interact in complex ways and be the
cause of additional rights violations.
SHORTCOMINGS OF THE PAST AND A LOOK TO THE FUTURE
While stateless persons are generally among those most disadvantaged in
societies and should thus receive some level of priority consideration in housing
122 Leilani Fahra, Report of the Special Rapporteur on Adequate Housing as a Component of
the Right to an Adequate Standard of Living, UN GAOR, 71st sess, UN Doc A/71/310 (8
August 2016) 2.
123 ibid 7.
124 ibid 10.
258