4. A LEGAL ANALYSIS OF STATELESSNESS
IN THE NETHERLANDS
4.1 Statelessness under international law with
reference to treaty obligations and implementation in
The Netherlands
89. The Netherlands is a party to a number of treaties that deal with, or have a bearing
on, nationality issues: the 1930 Hague Convention on Certain Questions Relating to the
Conflict of Nationality Laws122 as well as its Protocol relating to statelessness,123 the 1965
Convention on the Elimination of all forms of Racial Discrimination,124 the 1966 International
Covenant on Economic, Social and Cultural Rights,125 the 1966 Covenant on Civil and
Political Rights,126 the 1979 Convention on the Elimination of all forms of Discrimination
against Women,127 and the 1989 Convention on the Rights of the Child.128 The Netherlands
was party to the 1957 Convention on the Nationality of Married Women129 and the 1973
Berne Convention on the Reduction of the Number of Cases of Statelessness,130 but
denounced these Conventions in 1991 and 2001 respectively because they have been
superceded by subsequent developments in international law.131 It should also be noted
that the right to a nationality has long since been regarded as a human right. Article 15 of
the 1948 Universal Declaration of Human Rights provides that “everyone has the right to
a nationality. No one shall be arbitrarily deprived of his nationality, nor denied the right to
change his nationality”.
40
122
Trb. 1967, 73. Entry into force in the Netherlands on 2 April 1937.
123
Trb. 1967, 74.
124
rb. 1966, 237. Entry into force in the Netherlands on 9 December 1972. Articles 1 and 5 refer to
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nationality.
125
Trb. 1969, 100. Entry into force in the Netherlands on 11 December 1978.
126
Trb. 1978, 177. Entry into force in the Netherlands on 10 March 1979.
127
Trb. 1980, 146. Entry into force in the Netherlands on 22 August 1991.
128
rb. 1990, 170. Entry into force in the Netherlands on 8 March 1995. The Netherlands has signed
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but not yet ratified the 2006 Convention on the Rights of Persons with Disabilities, which also
contains provisions with a bearing on statelessness.
129
rb. 1965, 218. Entry into force in the Netherlands on 6 November 1966 and no longer in force as of
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16 January 1993.
130
rb. 1974, 32. Entry into force in the Netherlands on 19 May 1985 and no longer in force as of 13
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September 2001.
131
he 1957 Convention was denounced because it violated the 1979 Convention on the Elimination
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of All Forms of Discrimination against Women. The 1973 Convention was denounced because
it had become irrelevant once gender equality in Dutch nationality law was secured. (The Berne
Convention obliged States to grant their nationality iure sanguinis a matre to children of a mother
who was a national of the State involved if the children did not acquire the nationality of their
father). See G.-R. de Groot, “A clarification of the fundamental rights implications of stateless and
persons erased from the register of residents”, 3.
Mapping statelessness