4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY
AND NON-DISCRIMINATION
Finally, positive action to address structural disadvantage should
continue even after statelessness has been “solved”. Studies conducted
in Sri Lanka show that the hill country Tamils of Indian origin - a group
whose statelessness has largely been resolved over the past decade are still the most disadvantaged group in the country.°® Such studies
are evidence that solving statelessness and ensuring equality are two
different things, and that while the former certainly helps with the
latter, it does not guarantee it. Therefore, the positive action obligation
should endure beyond “solving statelessness” and should serve to
promote real equality, inclusion and the enjoyment of rights.
In summary, the effective application of the equality framework is
an important solution to statelessness and its effects. Grounded in
international
human
rights
obligations,
its relevance
is clear;
the
framework not only requires States not to discriminate against
individuals in ways which may lead to statelessness, but also imposes
certain positive duties on them to identify and tackle discrimination
by individuals against stateless persons. In addition, in order to
ensure the full equality of stateless persons, States must take positive
action to rectify the disadvantage they suffer by identifying the
particular needs of the stateless population and taking measures to
meet them.
4. Practical applications of the legal framework on equality
As indicated above, the legal framework on equality provides
important protection both for the prevention of statelessness and
against some of the impacts of statelessness. In this section, we look at
the use of litigation and of international mechanisms as fora through
which the legal framework on equality can be applied to protect
stateless persons and even solve statelessness. These two examples
are merely a snapshot of some of the possibilities, and should not
be seen in isolation. Indeed, it is comprehensive and integrated
strategies which attack the issue from many perspectives and using
multiple frameworks that are most likely to succeed in bringing about
change. So, for example, while advocacy for law and policy change,
which is grounded in principles of equality and non-discrimination,
or awareness raising and sensitisation to break down prejudices and
8
A.H. Ilyas, “Estate Tamils of Sri Lanka a socio-economic review”, International
Journal of Sociology and Anthropology 2014, vol 6(6), pp.184-191.
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