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VONK ET AL.
3
Comparative Findings on Protection against Statelessness
in Europe
As said, the purpose of the EUDO-UNHCR collaboration was, first, to analyse
the citizenship legislation of 36 European countries against the backdrop of
the special problems raised by statelessness; and second to assess whether the
countries provide sufficient protection against statelessness, in light of the
most important international standards. It is important to note that this assessment is made for each country irrespective of whether the country is party to
the relevant international instrument.
To start with the final conclusion, our cross-country comparison shows that
most countries seriously try to avoid cases of statelessness from arising and act
in accordance with the international standards. Considerable progress has thus
been made from a situation of only a few decades ago, when gender-based discrimination in nationality laws and lack of political priority for the issue of statelessness still left at-risk individuals, such as children born abroad, out of wedlock
and/or of mixed nationality parentage, in a much more vulnerable situation.9
The database nonetheless identifies a number of violations of international
norms relating to statelessness, although we observe that these violations are
often caused by the fact that international obligations are not interpreted carefully enough by states in their citizenship laws. In the ensuing pages we will,
based on the summary assessment of relevant nationality law provisions as
outlined in Table 2, assess the practices of 36 European countries in providing
protection against statelessness.
Table 2
Assessment of National Law in Light of International Standards
Number of modes which fall in the following assessment categories:
More protection In line
with
than required
standards
by standards
Montenegro
Serbia
Moldova
Slovakia
9
2
2
1
0
13
13
14
15
No safeguard
Limited
safeguard against against
statelessness
statelessness
0
0
0
0
0
0
0
0
See e.g. P Weis, Nationality and Statelessness in International Law (2nd revised edn, Sijthoff
& Noordhoff 1979).
tilburg law review 19 (2014) 294-302