International Obligations
and the United States
Framework
Apart from the 1954 and 1961 Conventions on
Statelessness, there are other international
documents that address the right to nationality and the protection of those who have
none. The United States is bound by some
of these. The United States also has its own
legal framework through which it views issues relating to citizenship and statelessness.
These are discussed below as a means to
provide insight into the solutions that would
best fit within the existing laws and policies
to address statelessness in the United States.
The principal concern in the U.S. context is to
provide protection—rights and responsibilities—to stateless individuals residing in the
United States It is particularly with this concern in mind that the international framework
is discussed.
International Instruments
and Obligations
There are a number of international instruments that address or at least implicate the
responsibilities of States to stateless individuals within their territory. Among these is
the Universal Declaration of Human Rights,63
which, although not a binding treaty, is the
foundational document in modern human
rights law, and some of its provisions are
widely viewed as customary international
law.64 The Universal Declaration explicitly articulates a right to nationality and, although
it has not been officially recognized as customary international law, it is, at a minimum, a
significant guiding principle in protecting the
human rights of every individual.
Solutions for the Stateless in the U.S.
Universal Declaration of
Human Rights Article 15
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived
of his nationality nor denied the right to
change his nationality.
The universal human right to a nationality is
mirrored in other international instruments
relevant to the prevention of statelessness
that the United States has ratified.65 One such
example is the International Covenant on Civil and Political Rights, one of the core international human rights treaties, which provides:
“Every child has the right to acquire a nationality”.66 The United States has also ratified the
International Convention on the Elimination
of All Forms of Racial Discrimination, which
establishes that “States Parties undertake to
prohibit and to eliminate racial discrimination
in all its forms and to guarantee the right of
everyone…to nationality”.67 By ratifying these
international instruments, the United States
has bound itself to the obligation to respect
and ensure human rights, including the right
to nationality. Unfortunately, the United
States has not enacted national legislation
that would provide a means for these obligations to be legally enforceable rights within
the United States.68
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