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Gábor Gyulai
understand the concept and necessity of statelessness-specific protection, while also becoming familiar with what building blocks are indispensable for the construction of such a regime. As indicated in this
chapter, however, to help ensure the effective identification of stateless
persons (a cornerstone of any protection mechanism), states and other
stakeholders fi nally have a growing body of soft law guidance, academic literature and some good state practice to look at. Nevertheless,
additional mapping, research and legal analysis remain pivotal in this
quickly evolving field. Of particular relevance will be the assessment of
newly created identification and protection mechanisms, together with
the comprehensive compilation and analysis of national jurisprudence
on this matter.
In this process, one fundamental principle should never be overlooked. According to international human rights law, everybody has
the right to a nationality, and consequently, statelessness constitutes a
grave violation of a basic human right (usually with multiple negative
impacts on the enjoyment of other human rights). Therefore, identification and protection mechanisms should always be constructed in an
inclusive and rights-based manner. Moreover, for this very same reason, they should never simply aim for a ‘practical solution’ by offering
a quick remedy to the most striking problems (such as lengthy detention or hopeless destitution). In the true spirit of the 1954 Convention
and human rights law, these regimes should always promote, sooner
or later, an effective way out from the anomalous condition of statelessness and provide a pathway to nationality. Th is chapter cannot but
conclude with expressing hope that the years to come will witness the
much-needed shift towards statelessness-specific protection regimes all
over the world, and that this issue will find its well-deserved place on the
map of international protection.
Questions to guide discussion
• Is international protection the answer to the problem of statelessness?
In what situations are other options more appropriate?
• What are some of the key challenges to establishing statelessness determination procedures, for states and for individual stateless persons?
• Outline the five-step protection model proposed by the author. What is
your view of this? Are there any suggestions to complete this scenario
(e.g. in a specific national context)?
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