2020
Statelessness & Citizenship Review
2(1)
having to pay potentially high costs. 68 Hence, stateless individuals that do not
legally reside within a state’s territory may face obstacles in accessing health care
and obtaining an adequate level of education. 69 This latter hardship, in turn, has
consequences that extend into adulthood, particularly when it comes to
employment. For stateless persons that are unable to enjoy quality education,
prospects of engaging in meaningful employment decrease accordingly. Access to
employment is further complicated by requirements of work permits or
identification documents to enter into employment contracts. 70 The hypothetical
grant of EU citizenship has the potential, through its right to legal residence, to
remove the obstacles faced by stateless persons in accessing healthcare, education,
and meaningful employment. EU citizenship may serve as a means of
identification and legal residence may assist stateless persons in fulfilling
requirements for access.
All of the above could, theoretically, just as easily be achieved by the grant of
residency rights to stateless persons. However, the conferral of EU citizenship
status has benefits that extend beyond this, and may also provide access to other
rights and resolve additional hardships. An example of one such right is the right
to political participation; a right from which stateless persons have traditionally
been excluded. 71 The grant of EU citizenship has the potential of allowing stateless
individuals to vote and stand candidate in both municipal and European Parliament
elections, and thereby have a say in decisions that concern them. 72 Furthermore,
stateless persons would be entitled to receive protection from consular and
diplomatic authorities abroad. Prior to the advent of EU citizenship, Member
States reserved the right to consular and diplomatic protections to their national
citizens and thus prevented stateless individuals from receiving such protection. 73
The advent of EU citizenship changed this, allowing individuals to benefit from a
state’s consular and diplomatic protection abroad even if they lack that state’s
nationality.
Stateless persons also frequently fall victim to discrimination. This
discrimination is already present in the fact that those lacking a nationality are
restricted in their access to a number of rights, such as education and health care.
As is noted above, the grant of EU citizenship, and its associated residency rights,
is capable of facilitating equal access to these rights. In the context of employment,
stateless persons may further benefit from workers’ rights. In the instance that a
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69
70
71
72
73
See, eg, Román Romero-Ortuño, ‘Access to Health Care for Illegal Immigrants in the EU:
Should We Be Concerned?’ (2004) 11(3) European Journal of Health Law 245; Gareth
Davies, ‘Higher Education, Equal Access, and Residence Conditions: Does EU Law Allow
Member States to Charge Higher Fees to Students Not Previously Resident?’ (2005) 12(3)
Maastricht Journal of European and Comparative Law 227.
I Am Here, I Belong: The Urgent Need to End Childhood Statelessness (Report, UNHCR
2015) <https://www.unicef.org/protection/files/FINAL_ENGLISH_PDF.pdf>.
See, eg, Lindsey Kingston and Kathryn Stam, ‘Recovering from Statelessness: Resettled
Bhutanese-Nepali and Karen Refugees Reflect on the Lack of a Legal Nationality’ (2017)
16(4) Journal of Human Rights 389.
Indira Goris, Julia Harrington and Sebastian Köhn, ‘Statelessness: What It Is and Why It
Matters’ (2009) 32 Forced Migration Review 4.
EU Charter (n 2) art 39.
See art 5 of the Vienna Convention on Consular Relations, in which it is repeatedly
emphasised that consular functions consist in the protection (of the interests) of nationals of
the sending state in the territory of the host state. Vienna Convention on Consular Relations
opened for signature 24 April 1963, 596 UNTS 261 (entered into force 19 March 1967). See
also Bronwen Manby, Citizenship and Statelessness in Africa: The Law and Politics of
Belonging (Wolf Legal 2015) ch 2.
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