ChaChapter 1: Nationality and Statelessness
on the basis of this bond, as determined by domestic
and international law. It is important to note that
there is another word which is in common use and
often serves as a synonym for nationality: citizenship.
Although in certain legal contexts or specific country
situations, the two may have distinct meanings, often
in reports on statelessness, nationality and citizenship
are used interchangeably and both refer to the
aforementioned legal bond with a state.4 That is also
how the terms will be used in the present report.
A stateless person is someone “who is not considered
as a national by any state under the operation of its
law”.5 Statelessness is therefore a term which describes
the absence of the legal bond of nationality with any
state. This definition of a stateless person is established
in the Convention relating to the Status of Stateless
Persons which was adopted by the United Nations in
1954. As such, it is firmly grounded in international law.
Many other international and regional conventions,6
as well as soft law instruments such as Human Rights
Council resolutions, which have been adopted since
also reference statelessness, but none sets out to (re)
4 - See further on the definition of nationality and citizenship, as well as the
uses of these terms, A. Edwards, “The meaning of nationality in international law
in an era of human rights” in A. Edwards and L. van Waas (Eds) Nationality and
Statelessness under International Law, Cambridge University Press, 2014.
5 - Article 1 of the 1954 Convention relating to the Status of Stateless Persons.
6 - Including in article 7 of the Covenant on the Rights of the Child in Islam,
2005.
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