RAMADAN v. MALTA JUDGMENT – SEPARATE OPINION
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enjoy the right to a nationality have greater access to the enjoyment of various other
human rights.”19
3. States do not therefore have absolute sovereignty to deny citizenship
to any person for any reason, as is also crystal-clear from a purposeful
reading of the 1954 Convention relating to the Status of Stateless Persons
(the 1954 Convention)20 and the 1961 Convention on the Reduction of
Statelessness (the 1961 Convention)21.
The 1954 Convention was adopted on 28 September 1954 and entered
into force on 6 June 1960. It does not establish a right for stateless persons
to acquire the nationality of a State. However, Article 32 of the
1954 Convention requires that States should facilitate the assimilation and
naturalisation of stateless persons, notably, by expediting naturalisation
proceedings and reducing the relevant charges and costs. The final act of the
1954 Convention recommends that each Contracting State, when it
recognises as valid the reasons for which a person has renounced the
protection of the State of which he is a national, consider sympathetically
the possibility of according that person the treatment which the Convention
accords to stateless persons. This statement provides for the possibility of
extending the protection of the 1954 Convention to a certain category of de
facto stateless persons.
The major weakness of the 1954 Convention consists in the fact that it
only affords protection to the de jure stateless persons and does not have a
comprehensive non-discrimination provision. This is compounded by the
fact that it does not offer guidance as to the procedures to be used to identify
stateless persons, which may lead to failure to recognise stateless persons
and result in their inability to effectively enjoy the rights emanating from
the 1954 Convention.
While it does offer certain guarantees against expulsion and
acknowledges the right to re-enter on the basis of a Convention travel
document, on the condition of lawful presence in the country, the
1954 Convention does not regulate the right to enter a State, thereby leaving
Contracting Parties free to refuse, detain or expel any stateless person
seeking access to their soil without the proper authorisation.
Finally, the absence of a formalised procedure in place for supervising
the full implementation of the 1954 Convention or for the receipt of
individual complaints by stateless persons also weakens the protection
afforded to these persons. In this respect it must be mentioned that, through
a series of UN General Assembly Resolutions, the UNHCR has acquired a
19. UN Human Rights Council, Impact of the arbitrary deprivation of nationality on the
enjoyment of the rights of children concerned, and existing laws and practices on
accessibility for children to acquire nationality, inter alia, of the country in which they are
born, if they otherwise would be stateless, 16 December 2015, A/HRC/31/29, para. 27.
20. The Convention has 88 parties, not including Malta.
21. The Convention has 67 parties, not including Malta.