2019 Statelessness & Citizenship Review 1(2) segregation from other communities. Stateless persons are then rarely able to benefit from legal recourse against discriminatory practices they face with regards to housing and other rights violations, which creates a cycle where those already most excluded from society face some of the greatest challenges in finding the means for inclusion. 16 Furthermore, the lack of adequate housing can create additional barriers to employment or the enjoyment of other rights, such as the right to the highest attainable standard of health. This in turn furthers the cycle of poverty and inequality already experienced by stateless persons, which can lead to further exclusion. 17 Both the right to a nationality and the right to adequate housing are referred to as preconditions for the enjoyment of other rights, with the right to a nationality described as the ‘right to have rights’ 18 and the right to adequate housing ‘considered as a prerequisite for the enjoyment of civil and political rights’. 19 While it is noted that these terms can create a false hierarchy of rights, they serve to underscore the importance of these rights and their impact on the enjoyment of other human rights. Denial of citizenship, barriers to adequate housing and poverty all create situations of further discrimination, stigmatisation and marginalisation. In combination, these factors increase the chances of intergenerational poverty, statelessness and further exclusion. 20 Measuring the scope of violations of both the right to adequate housing and the right to a nationality is inherently difficult. There is insufficient data on those living in substandard housing, and especially for those experiencing homelessness. Some state that ‘it is not possible at this stage to generate a defensible estimate of the global extent of homelessness’. 21 And stateless persons are ‘almost by definition, “uncounted”’. 22 States deny their existence or ignore their presence, and fewer than half of all countries in the world have any data on stateless populations. 23 The failure to sufficiently map the violation of either right individually creates additional challenges in understanding the degree to which the two categories overlap, and perhaps partially explains the lack of existing research. But the absence of data should not be a deterrent for attempting to understand the extent to which stateless persons face barriers in enjoying the right to adequate housing; rather, it should provide impetus to collect better data on both of these issues. This analysis will attempt to highlight and better understand the intersection of the right to a nationality and the right to adequate housing, and make those experiencing violations of both slightly less invisible. This study will first explore the term adequate housing and identify 16 17 18 19 20 21 22 23 Institute on Statelessness and Inclusion, Statelessness, Human Rights and the Sustainable Development Agenda (Working Paper, February 2017) 2 <http://www.institutesi.org/SDG_working-paper2017.pdf>. Jennifer Guay, ‘How Being Stateless Makes You Poor’ Foreign Policy (30 June 2016) <https://foreignpolicy.com/2016/06/30/how-being-stateless-makes-you-poor/>. Hannah Arendt, ‘The Rights of Man: What Are They?’ (1949) 3(1) Modern Review 467. Miltiadis Sarigiannidis and Ioanna Pervou, ‘Adequate Housing: Seeking Justiciability through the Right to Property’ (2013) 1 International Journal of Human Rights and Constitutional Studies 27, 30. Amal de Chickera, All about Statelessness: What Development Actors Need to Know (Wolf Legal Publishers 2017) 8. Volker Busch-Geertsema, Dennis Culhane and Suzanne Fitzpatrick, ‘Developing a Global Framework for Conceptualising and Measuring Homelessness’ (2016) 55 Habitat International 124, 127. Mark Manly and Santhosh Persaud, ‘UNHCR and Responses to Statelessness’ (2009) 32 Forced Migration Review 7, 7. United Nations High Commissioner for Refugees, Global Trends: Forced Displacement in 2017 (Annual Report, 2017) 51 (‘Global Trends’). 242

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