2019
Statelessness & Citizenship Review
1(2)
all the more important as a way to guarantee the enjoyment of the right to
adequate housing. Other widely ratified treaties, including but not limited to,
CEDAW, CRC and CRPD, further clarify states’ duties to specific populations
regardless of nationality, and these groups often face challenges enjoying both
the right to a nationality and the right to adequate housing. These obligations
include respecting, protecting and fulfilling the right to adequate housing for all
persons. To respect this right for stateless persons, states must comply with their
immediate obligations to end discrimination in housing, end forced evictions
carried out in violation of human rights principles and stop the destruction of
homes, as these acts condemn stateless persons to further marginalisation and
poverty. To protect this right, states must prevent and address discrimination by
non-state actors, guarantee the non-discriminatory provision of services if not
provided by the state and ensure that third-parties do not carry out forced
evictions. Progressive realisation of the obligation to fulfil this right includes the
development of national housing plans that target areas where there are large
concentrations of stateless persons and the creation of avenues for remedy if the
state fails to comply with its obligations through courts, national human rights
institutions or local housing councils. 132
While these treaties recognise the interconnected nature of human rights, state
policies and programs that aim to address the right to adequate housing often fail
to consider the additional challenges presented by statelessness and vice versa.
Without a recognised nationality, stateless persons are often unable to benefit
from government programs designed to help those in inadequate or unstable
living situations such as housing programs, subsidies and access to emergency
shelter. Conversely, plans aimed at reducing statelessness have failed to consider
how inadequate or informal housing can create challenges in qualifying for and
participating in these programs. Facilitated naturalisation for stateless persons
often requires the demonstration of lawful and habitual residence, which those
living in informal settlements often cannot provide, as neither their presence nor
their residence is considered legal. 133 Even if plans to address the right to
adequate housing are successful, without holistic thinking, those benefiting
might still be stateless and suffer accompanying discrimination, marginalisation
and human rights violations, such as the right to education or the highest
attainable standard of health. Similarly, if only addressing the right to a
nationality, those benefiting might still live in segregated or substandard housing
which provides its own basis for discrimination and its own challenges in the
enjoyment of human rights, due to its isolated nature without access to services
or opportunities and exposure to hazards. For persons living at the intersection of
multiple human rights violations, solutions that are not comprehensive are hardly
solutions at all.
While numerous treaties recognise the interconnected nature of human rights
violations and the identities of those most vulnerable to abuses, ratification has
132 Human Rights Council, Report of the Special Rapporteur on Adequate Housing as a
Component of the Right to an Adequate Standard of Living, UN GAOR, 37th sess, Agenda
Item 3, UN Doc A/HRC/37/53 (15 January 2018) 16 [112].
133 Eva Mrekajová, ‘Facilitated Naturalization of Stateless Persons’ (2014) 19(1–2) Tilburg
Law Review 203, 205; Ivana Stankovic, ‘CESCR’s Recommendations — Serbia to Ensure
Effective Access to Personal Documents for Roma and Displaced Persons, and in the
Meantime to Facilitate Their Access to Economic, Social and Cultural Rights’ European
Network
on
Statelessness
(Blog
Post,
4
July
2014)
<https://www.statelessness.eu/blog/cescr%E2%80%99s-recommendation-%E2%80%93serbia-ensure-effective-access-personal-documents-roma-and-displaced>.
260