2019
Statelessness & Citizenship Review
1(2)
less favourable than that accorded to aliens generally in the same
circumstances. 116
Both the 1951 Refugee Convention and 1954 Statelessness Convention use the
same language, and both provide limited protections based on legal presence and
only afford safeguards as favourable as those accorded to similarly situated
aliens. Stateless refugees in camp settings often occupy shelter that does not
meet the requirements for adequate housing in terms of habitability, access to
services or location. In urban areas, persons who are stateless and displaced can
face abusive rental practices and immediate eviction upon non-payment of rent.
Stateless asylum seekers who have had their claims denied can be seen as illegal
occupants of both housing and the country in which they find themselves, and
thus subject to multiple forms of discrimination. Upon return to their original
place of residence, formerly displaced stateless persons can find their homes
occupied or destroyed and be unable or unwilling to claim restitution. 117
Stateless women, children, persons with disabilities and displaced persons
face discrimination on multiple fronts in accessing adequate housing and then
additional human rights violations resulting from that limited access. For
individuals that have identities that further cross these categories, such as
stateless women who have been displaced or stateless children with disabilities,
they face discrimination on even more numerous fronts. Even though the right to
adequate housing for these individuals is protected by multiple human rights
treaties, both generally in the ICESCR and specifically in CEDAW, CRC and
CERD, they are often unable or unwilling to seek assistance from authorities to
address barriers to access or subsequent mistreatment from landlords and
neighbours. This may be due to past discrimination and persecution by state
agents, and the potential to expose themselves to further harassment for both
their lack of a nationality and membership in one or many of these groups. But
while the vulnerability of these groups to violations of the right to adequate
housing may seem apparent, due to limited data produced by states and little
investigation thus far by academics, the true extent of the problem is relatively
unknown.
THE INTERCONNECTED NATURE OF VIOLATIONS OF THE RIGHT TO
ADEQUATE HOUSING AND OTHER HUMAN RIGHTS
While statelessness, identity and inadequate housing are interconnected,
inadequately housed stateless persons also face additional and interrelated human
rights violations. The denial of the right to adequate housing and the denial of
the right to a nationality, both individually and in aggregate, can lead to
violations of other fundamental rights. The right to education is one such right
that is often violated, due to both nationality status and housing situation.
Schools may deny children registration because their settlements lack official
status and they cannot provide a qualifying place of residence for enrolment, or
they themselves lack legal recognition and cannot produce necessary identity
documents. Children may face harassment and mistreatment by classmates and
administrators due to their stateless status and their housing conditions. A lack of
116 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189
UNTS 150 (entered into force 22 April 1954) art 21.
117 The Right to Adequate Housing (n 11) 27.
256