Consequences of statelessness
The consequences of being stateless are considerable. Nationality is an individual’s
basic right as it provides the legal connection between an individual and a state.
Stateless persons, without nationality, are incapable of exercising their most fundamental
rights. At a national level, stateless persons have no definite legal status, no clearly
defined rights and are at the mercy of the administrative authorities. Stateless persons
are often denied basic rights and access to employment, housing, education, health care
and pensions. They may not be able to own property, open a bank account, get married
legally or register the birth of a child. Some face long periods of detention, because they
cannot prove who they are or where they are from.
UNHCR’s mandate on statelessness
Through a series of resolutions beginning in 1994, the UN General Assembly gave
UNHCR the formal mandate to prevent and reduce statelessness around the world, as
well as to protect the rights of stateless persons. Twenty years earlier, the Assembly had
asked UNHCR to provide assistance to individuals under the 1961 Convention on the
Reduction of Statelessness.
UNHCR's governing Executive Committee provided guidance on how to implement this
mandate in a "Conclusion on the Identification, Prevention and Reduction of
Statelessness and the Protection of Stateless Persons" issued in 2006. This requires the
agency to work with governments, other UN agencies and civil society to address the
problem. UNHCR activities in the field are grouped into four categories.
•
Identification: Gather information on statelessness, its scope, causes and
consequences.
•
Prevention: Address the causes of statelessness and promote accession to the
1961 Convention on the Reduction of Statelessness.
•
Reduction: Support legislative changes and improvements to procedures to allow
stateless persons to acquire a nationality and help individuals take advantage of
these changes.
•
Protection: Intervene to help stateless persons to exercise their rights and
promote accession to the 1954 Convention relating to the Status of Stateless
Persons.
2.
The international legal framework relating to statelessness
Statelessness is an international phenomenon which is demonstrated by the fact that the
issue is touched on in a number of international instruments. Three multilateral treaties
(all of which have been ratified by Ireland) are of particular significance:
(i)
•
The 1951 Convention on the Status of Refugees
•
The 1954 Convention relating to the Status of Stateless Persons
•
The 1961 Convention on the Reduction of Statelessness
1951 Convention on the Status of Refugees and the 1967 Protocol
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