The term “national” within the meaning of Article 1(1) refers to a formal bond between a person and a
State, but it need not be an “effective” or “genuine” link.7 The term “law” within the meaning of Article 1(1)
“encompass[es] not just legislation, but also ministerial decrees, regulations, orders, judicial case law…and,
where appropriate, customary practice.”8 Establishing whether an individual is considered a national of a
State requires an analysis of both the text of that State’s laws, as well as their application to an individual’s
case.9 The letter of the law, as well as the practice, must be examined, as some States may not precisely
adhere to the letter of the law or might even “[go] so far as to ignore its substance.”10
A person’s nationality must be assessed at the time of determination of eligibility under the 1954 Convention,
which is neither a historic nor a predictive exercise.11 This means that, for the determination of whether a
person is stateless, it is not relevant that the person is in the process of naturalizing or has the option to
acquire the nationality of a given State. The question to be answered is whether, at the present moment in
time, an individual is a national of the country or countries in question. Therefore, if an individual is partway
through a process of acquiring nationality but those procedures are yet to be completed, he or she cannot
be considered as a national for the purposes of Article 1(1) of the 1954 Convention.12 Similarly, if, at the time
of the determination, the person is in the process of losing, being deprived of, or renouncing a nationality,
the person is still a national.13 Furthermore, the 1954 Convention does not permit States to exclude from
protection persons who have voluntarily renounced their nationality.14
In the context of Sweden, the categories of persons registered as having an “unknown” nationality or a
nationality “under investigation” are also relevant when examining approaches and challenges related to
statelessness, as will be explained in detail in the following sections.
1.1.2 Causes of statelessness
Statelessness can be caused by numerous factors. Some of these factors are of a legal technical nature,
where statelessness is caused by gaps in nationality laws or conflicts between nationality laws. States
determine their own nationality laws, within certain limited restrictions imposed by international human
rights law. The two main legal principles governing States’ grant of nationality at birth are jus sanguinis
(citizenship by descent) and jus soli (citizenship by birth in the territory).
Conflicts in these laws are one of several types of conflicts of law situations that can render a child stateless.
For example, a child born in the territory of a jus sanguinis State to parents with nationality of a jus soli State
would encounter problems obtaining any nationality if the national legislation of the two States relevant
here does not contain provisions that would allow such a child to obtain citizenship.
Statelessness can also occur later in life. Some legal systems provide for mechanisms of automatic loss of
nationality, for example after a long absence from the territory. Some States require that a person renounce
his or her previous nationality before acquiring the nationality of that State. Withdrawal of nationality can
also lead to statelessness if there is no adequate safeguard in place to prevent statelessness.
7
UNHCR, Handbook, para. 54 and fn. 38.
8
Ibid., para. 22.
9
Ibid., para. 23, and fn. 16 (citing Articles 1 and 2 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of
Nationality Laws).
10
Ibid., para. 24.
11
Ibid., para. 50.
12
Ibid.
13
Ibid.
14
Ibid., para. 51 and fn. 34 (distinguishing voluntary renunciation from failure to comply with formalities, but not discussing this).
UNHCR STOCKHOLM, 2016
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