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 (ECN) entered into force in 2000
and currently has 20 States Parties.21 In its Article 4, the ECN states that the rules on nationality of each State
Party shall be based on, among other things, 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 ECN provides a
safeguard against statelessness at birth similar, though not identical, to that of the 1961 Convention. Also,
Article 6(1)(b) provides that foundlings are to acquire nationality if they would otherwise be stateless. In
addition, Article 6(4)(g) determines that the State Party shall facilitate the acquisition of its nationality for
stateless persons. Finally, Article 7 of the ECN, on the loss of nationality ex lege or at the initiative of a State
Party, contains a safeguard against statelessness.
The European Convention on the Avoidance of Statelessness in Relation to the Succession of States entered
into force in 2009 and currently has six States Parties.22 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 and Fundamental Freedoms (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.23 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.
12
21
See Council of Europe’s Treaty Office, available at: http://goo.gl/k7bvWl.
22
See Council of Europe’s Treaty Office, available at: http://goo.gl/XaOevN.
23
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.
M A P P I N G S TAT E L E S S N E S S I N S W E D E N