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responses to statelessness: the 1954 Convention Relating to the
Status of Stateless Persons (1954 Convention), and the 1961
Convention. 14 In addition, the 1989 Convention on the Rights of the
Child obligates signatory states to ensure that every child acquires a
nationality.15 Several regional human rights treaties also address
statelessness, including the American Convention on Human
Rights.16 The American Convention, which the United States signed
in 1977 but has never ratified, states: "Every person has the right to
the nationality of the state in whose territory he was born if he does
not have the right to any other nationality."' 7
The 1954 Convention set out a definition of statelessness and
listed a number of rights that stateless persons should have. Among
other obligations under the 1954 Convention, contracting states must
treat stateless persons the same as lawful aliens in that country,
including access to wage-earning employment, housing, public
education, and public relief.' 8 Upon request, contracting states are
also obligated to issue travel and identity documents to stateless
14.
See Convention Relating to the Status of Stateless Persons, Sept. 28, 1954,
360 U.N.T.S. 117 [hereinafter 1954 Convention] (seeking to expand the coverage of the
term stateless individual as it was defined in 1951); see also Convention on the
Reduction of Statelessness, Aug. 30, 1961, 989 U.N.T.S. 175 (providing that a party to
the convention must offer stateless individuals citizenship if the individual was born in
its territory and would be stateless otherwise); UNHCR, TEXT OF THE 1961
CONVENTION ON THE REDUCTION OF STATELESSNESS WITH AN INTRODUCTORY NOTE BY
THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES 3-5 (2011),
available at www.unhcr.org/3bbb286d8.html (offering an introduction laying out the
points of the Convention).
15.
An earlier document, the Convention to Reduce the Number of Cases of
Statelessness (concluded in 1973), provided that a child must be granted his or her
mother's nationality if the child would otherwise be stateless. This convention has only
nine member states. See Anna Dolidze, Lampedusa and Beyond: Recognition,
Implementation, and Justiciability of Stateless Persons' Rights Under International
Law, 6 INTERDISCIPLINARY J. HUM. RTS. L. 123, 131-32 (2011-2012) (examining the
Convention's impact on children).
See UNHCR, Address Before the Comm. on Juridical & Political Affairs,
16.
Org. of Am. States: The Inter-American System and International Protection for
Refugees, Asylum Seekers, Returnees, and Internally Displaced, Stateless and Other
Persons of Concern to UNHCR: Themes of Common Interest, at 1-2, OAS Doc. No.
CP/CAJP-1912/02 (noting "the Americas have been fertile ground for the adoption and
development of creative and innovative regional humanitarian responses for treatment
of refugees and other persons requiring protection").
See American Convention on Human Rights art. 20, § 2, Nov. 22, 1969,
17.
O.A.S.T.S. No. 36, 1144 U.N.T.S. 123 (asserting that the right to nationality is
universal and birthright is one way to obtain it). For a discussion of some reasons why
the United States has not ratified this document, see Mark Kirk, Should the United
States Ratify the American Convention on Human Rights?, 14 REVISTA IIDH 65, 78-79
(1991), http://www.juridicas.unam.mx/publicallibrev/rev/iidhlcont/14/dtr/dtr4.pdf.
See 1954 Convention, supra note 14, arts. 8, 17, 21-24 (governing wage
18.
earning, housing, public education, and public relief under the Convention).