Developed on the basis of consultations with international experts and a broad range of stakeholders, the
Handbook and the Guidelines will be used in the present report to elaborate upon the obligations under
the Conventions.
Other international human rights instruments contain provisions relevant to issues relating to nationality
and statelessness. Instruments such as the International Covenant on Civil and Political Rights (ICCPR),
the Convention on the Rights of the Child (CRC), the Convention on the Elimination of Discrimination
Against Women (CEDAW), and the International Convention on the Elimination of Racial Discrimination
(ICERD) contain provisions on the right to a nationality, on equal treatment of men and women, and on the
prohibition of discrimination.
In addition to these instruments, the 1951 Convention Relating to the Status of Refugees expressly
applies to stateless persons who otherwise meet the definition of a refugee, as does the 1967 Protocol by
implication.16 That is to say that, although not all stateless persons are refugees, a stateless person can be
a refugee and, if so, the protection afforded refugees by the 1951 Convention and the 1967 Protocol apply
to such a stateless person.
At the European regional level, the Council of Europe has adopted two instruments of particular relevance
to the question of statelessness. The European Convention on Nationality entered into force in 2000 and
currently has 20 State Parties.17 In its Article 4, the European Convention on Nationality states that the
rules on nationality of each State Party shall be based on, among others, the principle that statelessness
shall be avoided. While broader in scope, covering a range of questions relating to the acquisition and loss
of nationality, this instrument contains safeguards similar to those found in the 1961 Convention. Article
6(2) of the European Convention on Nationality, provides a safeguard against statelessness at birth similar,
though not identical, to that of the 1961 Convention. In addition, Article 7 of the European Convention on
Nationality, on the loss of nationality ex lege or at the initiative of a State Party, contains a safeguard against
statelessness, as well.
The European Convention on the Avoidance of Statelessness in Relation to the Succession of States entered
into force in 2009 and currently has six State Parties.18 It establishes rules for the acquisition of nationality
with a view to preventing statelessness in the context of state succession. In addition to these two specific
instruments, the European Convention on Human Rights (ECHR) is also increasingly relevant to the
prevention of statelessness and the protection of stateless persons. Although the ECHR does not explicitly
protect the right to a nationality, the European Court of Human Rights has recognized in its jurisprudence
that the impact of the denial of citizenship on a person’s social identity brings it within the scope of Article
8 of the ECHR, which enshrines the right to respect for private and family life.19 Furthermore, the ECHR
sets out rights to be enjoyed by all persons within a state’s jurisdiction, whether they are the state’s own
nationals, foreign nationals or stateless persons.
16
See Art 1(A)(2) of the 1951 Convention Relating to the Status of Refugees for the definition of the term “refugee”.
17
Number provided by the Council of Europe’s Treaty Office as of March 2015, available at: http://goo.gl/k7bvWl.
18
Number provided by the Council of Europe’s Treaty Office as of March 2015, available at: http://goo.gl/C5CWl5.
19
See Genovese v. Malta, Application no. 53124/09, Council of Europe: European Court of Human Rights, 11 October 2011, available
at: http://www.refworld.org/docid/509ea0852.html.
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