A person’s nationality must be assessed at the time of determination of eligibility under the 1954 Convention,
which is neither a historic nor a predictive exercise.9 This means that, for the determination of whether a
person is stateless, it is not relevant that the person is in the process of naturalizing or has the option to
acquire the nationality of a given state. Accordingly, if, at the time of the determination, the person is in the
process of losing, being deprived of, or renouncing a nationality, the person is still a national.10 Furthermore,
the 1954 Convention does not permit states to exclude from protection persons who have voluntarily
renounced their nationality.11
1.2.2 Causes of statelessness
Statelessness can be caused by numerous factors. Some of these factors are of a legal technical nature,
where statelessness is caused by gaps in nationality laws or conflicts of nationality laws. States determine
their own nationality laws, within certain limited restrictions imposed by international human rights law. The
two principal legal frameworks governing states’ nationality rules are jus sanguinis (citizenship by descent)
and jus soli (citizenship by birth in the territory).
Conflicts in these laws are one of several types of conflict of law situations that can render a child stateless.
For example, a child born in the territory of a jus sanguinis state to parents with nationality of a jus soli state
would encounter problems obtaining any nationality if the national legislation of the two states relevant
here do not contain provisions that would allow such a child to obtain citizenship.
Statelessness can also occur later in life. Some legal systems provide for mechanisms of automatic loss of
nationality, for example after a long absence from the territory. Some states require that a person renounce
his or her nationality before acquiring the nationality of that State. Withdrawal of nationality can also lead
to statelessness if there is no adequate safeguard in place to prevent statelessness.
Another major cause of statelessness relates to the dissolution and separation of States, disputes about
borders, transfer of territory between States, and the creation of new states. In the period of decolonization,
groups of persons may have been left out of the initial body of citizens under the nationality legislation of
the newly independent state. In Europe, many people were left stateless after the dissolution of the Soviet
Union and the Socialist Federal Republic of Yugoslavia.
In addition to or underlying the aforementioned causes of statelessness, discrimination in nationality law
or in practice against certain parts of the population and arbitrary deprivation of nationality contribute
significantly to the creation or perpetuation of statelessness. Based on, for example, ethnicity or religious
beliefs, a certain group within a State or populations living across multiple States are sometimes denied or
deprived of nationality. Examples of such populations are the Rohingya in Myanmar, the Bidoon in the Arab
Gulf States, and parts of the Roma population in Europe.
Discrimination on the ground of gender can also be a cause of statelessness. In some nationality laws, women
are not able to pass their nationality onto their children. Moreover, women may lose their nationality upon
marriage or upon dissolution of the marriage. The impossibility for women to transmit their nationality to
their children is especially problematic in cases where children are born out of wedlock or where the father is
unknown, has passed away, has left, is stateless or is a foreigner who is unable to transmit his own nationality
or who is unwilling to take the necessary administrative steps to do so. 27 States still discriminate against
women in their laws with regard to transmission of nationality to their children, the majority of which can
9
UNHCR Handbook on Protection of Stateless Persons, para. 50.
10
Ibid.
11
Ibid, para. 51 and fn. 34 (distinguishing, but not discussing, voluntary renunciation from failure to comply with formalities).
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