obtaining a passport in terms of the future realization of their rights. Poverty frequently does not allow Romani people to pay for the services of a professional lawyer or
attorney, while access to free legal assistance at state centers (regarding protecting
and representing people’s interests in courts, at other state agencies, and so forth,
drafting procedural documents) is limited, since Roma people cannot prove they
have the right to this assistance because they lack documents (recipients of assistance are determined by law87).
The fact that a child’s status is dependent on their parents’ citizenship also leads
to an increase in incidences of statelessness among people in other vulnerable categories, like homeless people who have been released from prison. Even people
who have been living a fully integrated life in Ukraine for years suffer from this defect
in the law:
M.A. was born in Kiev in 1998. She had health problems at the time of
her birth and required a complicated operation. Her mother, M.E., has no
citizenship: not of Kazakhstan, where she was born, nor of Russia, where
she lived for a time, nor of Ukraine as the country were she resided for
over 25 years. M.E. lost contact with her child’s father and had to think
about how to support and get treatment for her daughter. Around 2001,
M.E. lost all her documents, including her Soviet passport. She was not
able to have her documents reissued.
After many appeals to state agencies, Ukraine’s State Migration Service
responded that there was no legally recognized procedure to declare M.E.
a stateless person or issue the document of a stateless person to confirm
her legal status. Her daughter M.A. is currently 20. Before she reached
the age of 18, M.A. was not able to obtain a passport because her mother
lacked documents. Under Ukrainian law, people born in Ukraine to
stateless persons living legally in Ukraine are citizens of Ukraine by birth.
However, M.E. did not have any identity documents at the time of M.A.’s
birth, let alone documents confirming the lawfulness of her stay in Ukraine.
Thus, M.A. found herself in a legal vacuum: without identity documents,
she could not obtain a degree, work legally, register a marriage, and so
forth. In the future, M.A.’s unregulated legal status will be handed down
to her children, giving rise to future cases of statelessness.
The Roma population has similar problems with documentation in Russia, since
the Russian government has not taken systemic positive measures to improve the
situation of this ethnic minority. This situation becomes critical when the problems of
87 Law of Ukraine “On Free Legal Assistance,” https://zakon.rada.gov.ua/laws/
show/3460-17
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