STATELESSNESS
This can occur through a bewildering series of sovereign, political, legal,
technical or administrative directives or oversights which, according to
the 1954 Convention, may result in a person becoming someone “who
is not considered a national by any state under the operation of its law.”
Pitfalls include transfer of territory between states or the formation
of new nations which may alter the citizenship of some people, leaving
them stateless. A child may be born in a country that grants citizenship
by descent only, but the country of the parents denies
citizenship to children born abroad.
People may lose citizenship because of a prolonged
absence abroad, by renouncing their citizenship with“A FOUNDLING
out first acquiring another nationality, by failure to
FOUND IN THE
perform military or other obligations, by conflicts of
TERRITORY OF A
law or by arbitrary deprivation of nationality of either
CONTRACTING
individuals or groups by a government.
STATE SHALL, IN
Laws may discriminate on grounds of sex, race,
THE ABSENCE
ethnicity
or religion. A woman may be unable to pass
OF PROOF TO
on
her
nationality
to children; girls in certain cultures
THE CONTRARY,
who are not legally registered or children born out of
BE CONSIDERED
wedlock may be denied citizenship.
TO HAVE BEEN
Daunting administrative hurdles may also result
BORN WITHIN
THAT TERRITORY
in statelessness, including the failure to register
OF PARENTS
children at birth or costly and onerous bureaucratic
POSSESSING THE
documentation, excessive fees, unrealistic deadlines
NATIONALITY OF
and lack of appeal or review procedures.
THAT STATE.”
In principle, individuals are entitled to most human
rights protections regardless of their citizenship status
Article 2, the 1961
Convention
and the potential problems already highlighted. But
in practice, fundamental rights are often denied.
In the uncertain world inhabited by non-citizens,
the boundaries can sometimes overlap. In certain circumstances, for instance, a stateless person may also
be a refugee. If a stateless person is forced to flee their country of habitual
residence because of persecution he or she will enjoy the protection of the
1951 Refugee Convention.
4
THE
WORLD’S
STATELESS
PEOPLE
•
2011