are born to stateless parents. This perpetuates statelessness from one generation to the
next. The advantages of the jus soli principle have been recognized as a means of
eliminating statelessness, 20 but the jus soli principle also reproduces statelessness.
This occurs to children of irregular migrants when a particular immigration status of the
parent is an additional requirement (of granting citizenship) combined with the fact that
the child was born in that state. These children are barred from citizenship and also
inherit their parents’ illegal immigration status. This irregular status will be transmitted
continuously from one generation to the next, resulting in a chain of statelessness and
illegal resident status. 21 In recent years, residence status has been regarded as an
important factor in finding solutions for the problem of statelessness.
Secondly, statelessness after birth can result from a change in family status. In the past,
many countries had nationality laws that made a married woman’s nationality dependent
on that of her husband. This was referred to as the principle of the unity of nationality of
spouses. By marrying a foreign national, the wife lost her own nationality and acquired
that of her husband. However, she was rendered stateless by divorce or the death of her
husband.22
It has been a widely acknowledged right to renounce one’s nationality. However,
persons can become stateless under laws that allow renouncing citizenship before
naturalization. In countries that denationalize citizens for certain reasons automatically,
such as residency in a foreign country for a certain period of time or serving in a foreign
military or government, a person in such a situation can become stateless unless s/he
acquires another nationality. States can denaturalize their own nationals if naturalization
was gained through misrepresentation, or if a national’s actions critically threatens the
state’s interests.
20
For example, “”Recognizing the advantages of the jus soli principle as a means of
eliminating statelessness – an advantage which has been clearly demonstrated in the Americas region –the
ICIHI has called for the introduction of a new international instrument, enshrining this principle as the
sole criterion for the acquisition of nationality.” The State of the World’s Refugees: A Humanitarian
Agenda, supra note 5, p.17.
21
See Waas, supra note 13, p.446.
22
Committee on Feminism and International Law, Final Report on Women’s Equality and Nationality in
International Law, in Report of the Sixty-Ninth Conference, The International Law Association (2000),
pp.16-17. In April 2003, the UNHCR sent a questionnaire of 24 questions concerning statelessness to all
UN member states (191 at the time). A total of 74 countries responded to the questionnaire by February
2004. To question 7(a), “Does either a marriage or the dissolution of a marriage lead to automatic changes
in the nationality of a spouse?” 6.8% of participating states answered “yes.” Of this 6.8%, 60% were from
Middle East/Asia and 40% from Europe. UNHCR, Final Report Concerning the Questionnaire on
Statelessness Pursuant to the Agenda for Protection, March 2004, para.56. The final report does not
identify specific countries for each response.
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