(2) Mechanisms of Statelessness
What causes statelessness, especially de jure statelessness? UNHCR lists ten causes that
engender statelessness: conflict of laws; transfer of territory; laws relating to marriage;
administrative practices; discrimination; laws relating to registration of births; jus
sanguinis; denationalization; renunciation; and automatic loss by operation of law.17 As
has been discussed earlier, a person can become stateless at birth or later in life. In this
paper, causes of statelessness will be examined at the time of a person’s birth and
subsequent stages in life.18
Firstly, in considering statelessness at birth, it should be recalled that two commonly
known principles, jus soli and jus sanguinis, dictate criteria for citizenship. The former
grants citizenship based on place of birth, and the latter on family heritage or descent.
The criteria by which states grant citizenship falls within their sovereign authority.
However, these two different approaches sometimes work against the universal right to
nationality, rendering a newborn stateless. An example of this is a child born in a
country which adopts jus sanguinis to parents who are citizens of a country granting
nationality based on jus soli. S/he is in danger of becoming stateless. When the parents
are stateless, the new born child succeeds this statelessness. Some jus sanguinis
countries only grant citizenship to children of fathers who are nationals, and exclude
matrilineal citizenship. In this case, children born to a citizen mother and a non-citizen
father can become stateless.19
Jus sanguinis nationality laws can engender statelessness in newly born children if they
17
Office of the United Nations High Commissioner for Refugees, Information and Accession Package:
The 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness (rev. January 1999), para.10.
18
See A Study of Statelessness, supra note 4, Part Two. Section I, Chapter 1; Hudson, supra note 9,
pp.17-19; Geske, M., “State Building, Citizenship and Statelessness (1997),” available at
http://www2.soros.org/fmp2/html/build_intro.html; Nationality and Statelessness, supra note 12,
pp.27-42; Conclusion on Identification, Prevention and Reduction of Statelessness and protection of
Stateless Persons, 6 October 2006 Mo.106 (LVII)-206, para (j); Weissbrodt, D. & Collins C., “The
Human Rights of Stateless Persons,” Human Rights Quarterly, Vol.28 (2006), pp.253-64.
19
Lee incisively criticizes the gendered dimension inherent in the commonly adopted procedure of
passing on the father’s nationality by acknowledging paternity for children born out of wedlock. Lee, T.,
Statelessness, Human Rights and Gender: Irregular Migrant Workers from Burma in Thailand (2005),
p.122. Despite the jus soli principle adopted in the U.S., when a U.S. citizen has a child by a non-citizen
woman, he must acknowledge legal paternity for the child to acquire U.S. citizenship. In 2001, a
five-to-four U.S. Supreme Court majority denied the father’s claim that he should have been able to
transmit birthright citizenship to his child on the same terms that an American citizen woman can. His
non-marital son, who faced deportation, had been born to a non-citizen mother, but the father’s failure to
acknowledge legal paternity had left the child stateless (Tuan Ahn Nguyen vs. INS, 533 U.S. 53(2001).
11