of statelessness in countries which only grant nationality on a very
restrictive basis or which actively discriminate against such groups.
Paralegals’ role in helping will depend in part on whether such exclusion
is clearly and explicitly written in law, or whether it arises due to lack of
clarity in the law or its implementing decrees and regulations, or due to
bad practices. Paralegals’ options to help may include:
• Working with lawyer-led legal aid or programs that bring litigation
challenging the law and regulations.
•A
dvocating at the local level that child protection or due process
standards require a more inclusive definition, and arguing that officials
should apply those laws instead of more exclusive citizenship rules.
• Advocating for registration on the basis of international conventions
on birth registration, statelessness, and the right to a nationality. If
a state has ratified a treaty but retains domestic laws that violate it,
international law should take precedence if the state is required to
follow international law over domestic law. There may be recourse
to international courts or tribunals or other human rights protection
mechanisms in such cases.
• Participating in organized, collective political action, which may be
effective in pushing for the community’s inclusion.
Assisting clients in more inclusive nationality regimes
When states that have inclusive nationality laws—for example
unrestricted jus soli laws or progressive naturalization procedures
for adults—but nonetheless have denied clients nationality, advocacy
strategies may target local decision-makers. Paralegal programs can
increase their impact through the following:
• Focusing client work on providing information about documentation,
accompanying clients through administrative procedures, and
handling many cases.
CASE STUDY
Many Syrian refugees in
Jordan are unable to get birth
certificates for their children
because they do not have
marriage certificates, which is a
prerequisite for obtaining a birth
certificate. Sometimes these
have been lost or destroyed
in the conflict; in other cases,
parents have had a “sheikh
marriage” in Syria that is not
formally registered. Without
birth certificates, children are
often unable to access health
services, attend school, obtain
social assistance services,
remain legally resident in
Jordan, or prove their Syrian
nationality. NRC Jordan
provides paralegal assistance
to refugees, including referring
cases to legal aid lawyers for
court representation so that
refugees can obtain a “marriage
ratification order” confirming
their marriage. This allows
the children to obtain birth
certificates.
• Describing citizenship as an issue of human rights, humanitarian
assistance, or development—whatever leads to acceptance of
citizenship rights.
• Letting clients know about processes that might apply to their
situation and how to access them. Some states have created
specialized naturalization procedures to address known gaps in an
inclusive set of laws, and many clients may not know the procedures
exist or how to use them.
Protecting clients whose strongest ties are to another country
Relatively few stateless people in the world live in a country while having
their strongest ties with another country. However, some programs target
this group. Paralegals may focus for example on ensuring that clients
have access to civil registration or other forms of identity registration
and documentation in the country where they are, without reference
DISCRIMINATION
EMPOWERMENT
SUSTAINABILITY
DATA
RELATED RESOURCES
(EXTERNAL)
RELATED SECTIONS
(WITHIN)
A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
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