CYELP 16 [2020] 301-317
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lity.7 Statelessness is caused especially through: a conflict of nationality
laws, state succession (also the rise and fall of states, the legacy of colonisation), arbitrary deprivation of nationality (denationalisation), discrimination (especially against woman in marriage law and through the
paternal model of ius sanguinis), the inheritance of statelessness,8 and
even the physical disappearance of state territory due to climate change
(eg Tuvalu, Kiribati).9 There are also some administrative barriers to civil
registration in the host country such as problems with documents, ie the
lack of required documentation (including a birth certificate, marriage
certification) or the lack of a residence permit.
It is necessary to emphasise that statelessness can appear in both
migratory and non-migratory contexts. Two differences must be pointed
out here. Firstly, there is a distinction between migrants and refugees
who are considered to be stateless persons and those whose citizenship
is not established. The latter are usually referred to as persons ‘without
citizenship’ or ‘undefi ned citizens’,10 which does not automatically mean
that they are stateless but derives on many occasions from the fact that
they do not want to reveal their identity or citizenship. In such a case,
the position of persons with undetermined citizenship − who do not want
to officially disclose their citizenship − becomes similar to that of de facto stateless persons because, although they have a nationality, they do
not effectively exercise the rights arising from it. Secondly, a distinction
between migrants and refugees should be made clear, because persons
coming to Europe from Syria, Iraq or Afghanistan during the migration
crisis are often granted refugee status.11 The main difference between refugees and migrants is that migrants are people who made their decision
to migrate freely, without pressure from external circumstances beyond
7
The Institute on Statelessness and Inclusion, The Norwegian Refugee Council and The
Netherlands Organisation for Scientific Research, ‘What Is Statelessness? Toolkit: Understanding Statelessness in the Syria Refugee’ available at <www.syrianationality.org/index.
php?id=14> accessed 22 May 2020.
8
Institute on Statelessness and Inclusion, The World’s Stateless (Wolf Legal Publishers
2014) 23-27.
9
See Jane Steffens, ‘Climate Change Refugees in the Time of Sinking Islands’ (2019) 52
Vanderbilt Journal of Transnational Law 727; Jane McAdam, Climate Change, Forced Migration, and International Law (OUP 2012).
10
Estonian law in particular regulates this form of residence. It treats migrants from former
Soviet republics and their children who, after the collapse of the Soviet Union, could not or
did not want to apply for citizenship of any country as undefined citizens. For differences in
national practices that are assessed in the light of the relevant international and EU standards, see Gerard-René De Groot, Katja Swider and Oliver Vonk, Practices and Approaches
in EU Member States to Prevent and End Statelessness (European Parliament 2015).
11
An individual can share protection under CRSSP as well as protection under the 1951
Convention relating to the Status of Refugees (CRSR) (and this convention generally ensures more rights than the CRSSP). See UNHCR, Handbook on Protection of Stateless Persons (UNHCR 2014) 31-32.