The Plight of the Rightless: Mapping and Understanding Statelessness in Tripoli-V1.3
Convention on the
Rights of Persons with
Disabilities (UN): Article
18
Covenant on the Rights
of Child in Islam
(Organization of Islamic
Cooperation): Article 7
2006
Yes
No
2005
Yes
No
(It revolves
around children
rights
according to
Shari’a only.)
a nationality and as far as
possible, the right to know
and be cared for by his or her
parents.”
“Every child born with a
disability has the right to a
nationality.”
The covenant guarantees the
right to registration and
nationality for every child. If
their parents are unknown,
the child should be
“guaranteed” (Kafala) but not
adopted. The State should
make the necessary efforts to
resolve statelessness.
The Inter-American Court of Human Rights issued a landmark decision on 7 October 2005,
affirming the human right to nationality as the gateway to the equal enjoyment of all rights as civic
members of a state. The Court's ruling marked the first time that an regional human rights tribunal
unequivocally upholds the international prohibition on racial discrimination in access to nationality.
In 2011, UNHCR held a Ministerial Meeting on Refugees and Stateless Persons in Geneva to
commemorate the 50th anniversary of the 1961 Convention. This resulted in 60 states signing
statelessness related pledges and sharing best practices in statelessness reduction, in addition
to acceding to one or two of the UN statelessness conventions.70
UNHCR’s efforts to tackle statelessness continued in 2014 as it launched its 10 year campaign
to end statelessness. The campaign induced collaboration with governments to eradicate
statelessness and resulted in 10 good practice papers or action plans, some of which are listed
below:
●
●
●
●
●
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Ensuring that every birth is registered, thereby helping to establish legal proof of parentage
and place of birth.
Removing gender discrimination from nationality laws.
Establishing Standard Operating Procedures for the determination of stateless individuals
and the protection of their rights.
Encouraging changes to legislation or government policy (low-cost approach to address
statelessness).
Eliminating discrimination because of race, ethnicity, religion, gender or disability.
UNHCR, Ministerial Intergovernmental Event on Refugees and Stateless Persons (2012).
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