4. Reduction and prevention
of statelessness
4.1 Introduction
The 1961 Convention is the leading international instrument that provides rules for the conferral and
nonwithdrawal of citizenship to prevent cases of statelessness from arising. By setting out rules to limit
the occurrence of statelessness, the Convention gives effect to Article 15 of the Universal Declaration of
Human Rights, which recognizes that “everyone has the right to a nationality.”
Underlying the 1961 Convention is the notion that, while States maintain the power to elaborate the content
of their nationality laws, they must do so in compliance with international norms relating to nationality,
including the principle that statelessness should be avoided. By adopting the 1961 Convention safeguards
that prevent statelessness, States contribute to the reduction of statelessness over time. The Convention
seeks to balance the rights of individuals with the interests of States by establishing general rules for the
prevention of statelessness, while simultaneously allowing some exceptions to those rules.
A central focus of the Convention is the prevention of statelessness at birth by requiring States to grant
citizenship to persons born on their territory, or born to their nationals abroad, who would otherwise be
stateless. To prevent statelessness in such cases, States may either grant nationality to children automatically
at birth or subsequently upon application. States must also ensure that foundlings and persons born on a
ship or aircraft acquire a nationality.
The Convention further seeks to prevent statelessness later in life by prohibiting the withdrawal of citizenship
from a State’s nationals – either through loss, renunciation, or deprivation of nationality – when doing so
would result in statelessness. The 1961 Convention further seeks to prevent statelessness upon a change
in civil status. This is complemented by Article 9 of CEDAW, which grants women equal rights with men to
acquire, change, or retain nationality, in particular in the context of marriage.
The safeguards of the 1961 Convention are triggered only where statelessness would otherwise arise and
for individuals who have some link with a country. These standards serve to avoid nationality problems
which might arise between States.
The provisions of the 1961 Convention must be read and interpreted in light of developments in international
law, in particular international human rights law. Relevant instruments include the ICCPR, CEDAW, and the
CRC, which is of paramount importance in determining the scope of the 1961 Convention obligations
to prevent statelessness among children. Article 7 of the CRC sets out that every child has the right to
acquire a nationality. The drafters of the CRC saw a clear link between this right and the 1961 Convention
and therefore specified in Article 7(2) of the CRC that “States Parties shall ensure the implementation of
U N H C R S TO C K H O L M , M AY 2 0 1 6
69