The Right to a Nationality and the Right to Adequate Housing
educational facilities due to their citizenship status and the remote location of
their housing. The nature and location of their housing can also limit or deny
stateless children the right to engage in play and recreational activities. 110
Inadequate housing exposes stateless children to disease and health hazards, to
which they are already more vulnerable as children, and when they fall ill,
stateless children are often denied medical care for lack of a nationality.111
Forced evictions and homelessness can be especially traumatic for stateless
children, who already face a lack of security and stability in their daily lives,
which can further negatively impact their development. 112
Another group that faces multiple forms of discrimination in accessing
adequate housing and suffers disproportionately when that right is violated are
stateless persons with disabilities. In some cases, disability can be a cause of
statelessness as parents abandon children with disabilities in countries without
safeguards in nationality laws for foundlings, while in others, children with
disabilities are born to stateless parents or in states with discriminatory
nationality laws. 113 Both stateless persons and persons with disabilities face
challenges accessing housing and related services, and these issues are
compounded for persons with identities in both groups. Achieving security of
tenure can be doubly challenging due to lack of recognition of legal capacity and
identity, which leaves them especially vulnerable to forced evictions. 114 Stateless
persons with disabilities can face stigma and fear violence, forcing them to seek
shelter in housing that does not afford them adequate privacy or protection, as it
may be preferable to alternatives. 115 Inadequate housing can expose persons with
disabilities to additional health hazards, which compound existing medical
needs, and they may be unable to seek medical attention when necessary. They
may face limited access to the labour market or employment prospects due to
their disability and only be able to work in the informal economy due to their
statelessness, making it additionally challenging to escape poverty and
substandard housing, which itself may be isolated and limit employment
opportunities.
Stateless persons who have been displaced, either internally or across borders,
also face additional barriers to accessing adequate housing. While it may be
intuitive to think that stateless refugees would enjoy greater protections under the
refugee framework, this is not necessarily the case with regards to adequate
housing. Article 21 of the 1951 Convention Relating to the Status of Refugees
(‘1951 Refugee Convention’) states,
as regards housing, the Contracting States shall…accord to refugees lawfully
staying in their territory treatment as favourable as possible and, in any event, not
110 CRC (n 37) art 31.
111 Refugee and Migrant Response in Europe: Ending Childhood Statelessness in Europe
(Advocacy Brief, United Nations Children’s Fund 2018) 1.
112 CRC (n 37) art 6.
113 See, eg, Greg Constantine, ‘We See You’ in Laura van Waas and Amal de Chickera (eds),
The World’s Stateless: Children (Wolf Legal Publishers 2017) 120.
114 Leilani Farha, Report of the Special Rapporteur on Adequate Housing as a Component of
the Right to an Adequate Standard of Living, UN GAOR, 72nd sess, UN Doc A/72/128 (12
July 2017) 15 [50].
115 ibid 6 [12].
255