LEGAL INSTRUMENTS AND STATES’
RESPONSIBILITIES
Several international and regional instruments affirm the right of
every individual to a nationality or are designed to resolve the issue of
statelessness:
• The 1948 Universal Declaration of Human
Rights guarantees that: “Everyone has the right
to a nationality” and should not be arbitrarily
deprived of citizenship.
• The 1954 Convention relating to the Status
of Stateless Persons defines who is stateless
under international law and calls on signatory
countries to grant them minimum rights,
including lawful residence in appropriate cases,
identity and travel documents.
• The 1961 Convention on the Reduction of
Statelessness establishes safeguards to prevent
children from becoming stateless at birth and
to protect them against loss of nationality
later in life.
• A series of international human rights
instruments affirm the right to a nationality
without discrimination and the right of
children to acquire a nationality. They include
the 1965 Convention on the Elimination of
All Forms of Racial Discrimination, the 1966
International Covenant on Civil and Political
Rights, the 1979 Convention on the Elimination
of All Forms of Discrimination against Women,
and the 1989 Convention on the Rights of the
Child.
• Regional treaties such as the 1969 American
Convention on Human Rights, the 2004 Arab
Charter on Human Rights, the 1990 African
Charter on the Rights and Welfare of the
Child and the 1997 European Convention on
Nationality affirm that everyone has the right
to a nationality. They seek to ensure that
states fully respect the right of individuals to
a nationality.
Despite this impressive array of legal instruments and repeated calls for
action by the UN General Assembly and other international bodies, states
have been reluctant to act.
While 148 countries are party to the 1951 Refugee Convention and/or its
1967 Protocol, only 66 states are party to the 1954 Statelessness Convention
and even fewer, 38, were party to the 1961 Convention as of June 2011.
UNHCR has used the 50th anniversary of the 1961 Convention in August
2011 to urge nations to accede to the two main statelessness documents.
THE
WORLD’S
STATELESS
PEOPLE
•
2011
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