CYELP 16 [2020] 301-317
303
of an analysis of legal texts (an examination of applicable law). The area
of doctrinal and legal analysis will involve national and international
regulations related to the subject of the paper. The basic technique of the
intended analysis will involve universally accepted methods of interpretation of legal texts and legal inference rules. The second methodology to
be used is that of comparative law research whose aim is to demonstrate
the similarities and differences in the legal regulations in the field of the
discussed issues.
2 Defining statelessness
The defi nition of statelessness can be found in Article 1 of the 1954
Convention relating to the Status of Stateless Persons (CRSSP): it is a
state of not having any nationality − not being considered a national by
any state under the operation of its law. Articles 1-10 CRSSP regulate the
basic principles of treating and protecting stateless persons (including
the national clause in the case of freedom of religious practice and the
religious education of children), Articles 12-32 define their legal status
and individual rights (in terms of employment, social security, freedom
of movement), while Articles 33-42 are the final provisions. International
statelessness regulations are supplemented by the 1961 Convention on
the Reduction of Statelessness (CRS), which primarily adopts safeguards
to prevent statelessness (Articles 1-10), sets out general rules for the prevention and limitation of statelessness (Articles 11-13), followed by final
provisions (Articles 14-21). Both of these conventions constitute a basic
international legal framework regarding statelessness and are aimed at
preventing its incidence by providing standards on the acquisition and
loss of nationality. Failure in the application of these conventions lies
in the fact that they have been ratified by few states (around several
dozen countries), and therefore there is no uniform universal standard
of treatment of stateless persons.1 The biggest controversy among states
that have not ratified the CRSSP and CRS is the fact that they grant
citizen rights to stateless persons, whilst other foreigners acquire such
rights only after years of tiresome procedures. The provisions relating to
statelessness have been established in many international conventions,
especially those under international human rights law.2
1
Only the rules of customary international law on child statelessness can be treated as
part of a universal system. See William Thomas Worster, ‘The Presumption of Customary
International Law: A Case Study of Child Statelessness’ (2017) available at <https://ssrn.
com/abstract=3091912> accessed 22 May 2020. See also Article 29 of the 2004 Arab Charter on Human Rights and Article 7 of the 2005 Covenant on the Rights of the Child in Islam.
2
See the 1965 Convention on the Elimination of All Forms of Racial Discrimination (art 5);
the 1966 International Covenant on Civil and Political Rights (arts 13, 16 and 24); the 1979
Convention on the Elimination of all forms of Discrimination against Women (art 9); the