The Right to a Nationality and the Right to Adequate Housing
strategies, 125 this analysis demonstrates that this is rarely the case. Instead, they
face state responses ranging from marginalisation to direct discrimination.
Furthermore, the reliable data that would be necessary to understand the extent
of the problems and ensure the inclusion of stateless persons is scarce. Data on
inadequate housing and statelessness as separate issues is insufficient and
combined is nearly non-existent, as both inadequate housing and statelessness
are largely invisible issues. States might be hesitant to invest in data collection
because the act of mapping can be time-consuming and expensive, or because
collected data might further obligate states to take action. Additional challenges
come from individuals’ potential unwillingness to identify with these categories,
which often carry stigma or simple unawareness. Definitions of who fits these
categories may be further complicated by incorrect interpretations of terms
associated with statelessness and with inadequate housing, along with changing
situations. Regardless of these limitations, states’ immediate obligations
according to CESCR General Comment 4 include determining the full extent of
homelessness and inadequate housing within their territories. 126 Provisions of the
1961 Convention on the Reduction of Statelessness obligate states to prevent and
reduce statelessness, and doing so requires identification of stateless persons
within their borders. 127 While progress has been made recently due to
technological advances and increased emphasis on mapping, it has been noted
that there is ‘limited availability of empirical and quantitative data with which to
evaluate housing in rapidly urbanizing countries’, 128 and regarding statelessness,
UNHCR’s Global Trends Report notes that ‘fewer than half the countries in the
world have any government data on stateless populations’. 129 In order to address
these rights violations, their true extent and the degree to which they overlap
must first be understood.
States’ obligations to stateless persons regarding the right to adequate housing
go beyond simply mapping the extent of the problem. The 1954 Statelessness
Convention is often the starting point for understanding the protections owed to
stateless persons, but because its safeguards allow for distinctions between
nationals and non-nationals and are provisional on stateless persons’ presence
being considered lawful, other international treaties provide for greater
protections. Given the ICESCR’s recognition of ‘the right of everyone to an
adequate standard of living for himself and his family, including … housing, and
to the continuous improvement of living conditions’ 130 and the CESCR’s further
clarification of state obligations for all persons in the progressive realisation of
this right, the Covenant provides a strong foundation for understanding state
obligations to stateless persons. Furthermore, given the ICESCR’s widespread
ratification when compared to the 1954 Statelessness Convention, 131 it becomes
125 General Comment No 4, UN Doc E/1992/23 (n 9) 118 [13].
126 ibid.
127 Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989
UNTS 175 (entered into force 13 December 1975).
128 Robin King et al, Confronting the Urban Housing Crisis in the Global South: Adequate,
Secure, and Affordable Housing (Working Paper, World Resources Institute 2017) 7
<https://www.wri.org/sites/default/files/towards-more-equal-city-confronting-urbanhousing-crisis-global-south.pdf>.
129 Global Trends (n 23) 51.
130 ICESCR (n 32) art 11.
131 ���Chapter IV Human Rights: 3. International Covenant on Economic, Social and Cultural
Rights, New York, 16 December 1966’, United Nations Treaty Collection Status of Treaties
(Web Page) <https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV3&chapter=4&clang=_en>.
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