Statelessness and the struggle to close the gap in
human rights through legal empowerment: The
Palermo Convention employed as a conduit
Tanya Faye Herring, Bangor University Law School Doctoral Researcher, Wales, UK; Research Fellow,
International Communities Organization (ICO), London,
UK; Post-doctoral Researcher, The Wales Observatory on Human Rights of Children
and Young People
This article focuses on the legal empowerment of the stateless. The first part addresses
the concept of legal empowerment and, through the case of the Lumad, explains how
the law can be used to close the gap in human rights fulfillment for the stateless and
other vulnerable populations. It then describes how the universal application of the Palermo Convention can become a prevention and protection resource for stateless populations, concluding that there must be precise and determined implementation of international law into the domestic sphere to close the gaps between human rights and the
rule of law.
Legal Empowerment
Global legal empowerment has been described by Resolution 63/142 of the General
Assembly’s final report of the Commission on Legal Empowerment of the Poor as the
process whereby the poor are protected and enabled to use the law to effect systematic
change, especially in the realms of economic growth and sustainable development. One
of the greatest global human rights challenges to legal empowerment is poverty. However, poverty remains the nucleus of discrimination, insecurity, and social exclusion.
Middlesex University’s Professor Blitz, who is a leading expert on statelessness, was
commissioned to conduct one of the first economic studies that quantified the cost undertaken by a stateless person. The 2011 report investigated 980 stateless and former
“poverty continues to have an adverse impact on the stateless
and their access to education and healthcare”
stateless from key regions in Bangladesh, Kenya, Slovenia, and Sri Lanka. The research outcomes indicated that a stateless person’s household income is 34% lower
than a person who is not stateless. A substantial difference was found in home ownership where a stateless person is 60% less likely to own a home than those who are nonstateless. Consequently, using 2017-2018 economies, poverty continues to have an
adverse impact on the stateless and their access to education and healthcare.
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