ChaChapter 1: Nationality and Statelessness
1.3 International and regional legal
frameworks
States have long taken an interest in addressing
the issue of statelessness through the conclusion of
international agreements. This has manifested itself
in the development of two sets of standards: (1) to
prevent and reduce cases of statelessness by placing
certain (minor) limits on states’ freedom to regulate
the conditions for acquisition and loss of nationality
and (2) to guarantee the enjoyment of fundamental
rights for people who nevertheless end up stateless.
These two distinct, yet mutually reinforcing bodies
of international law will be presented briefly in the
following paragraphs.
With the advent of human rights law, since the
adoption of the 1948 Universal Declaration of
Human Rights, the right to a nationality is recognised
worldwide as a fundamental right of the individual.27
As such, there is an onus on states to do what they
can to avoid statelessness. This fact should by no
means be understood to imply that states have lost
their authority to regulate access to nationality as
27 - The Universal Declaration of Human Rights determines that “everyone has
the right to a nationality” (article 15). This sentiment has since been expressed,
in one form or another, in virtually every major human rights instrument adopted
since 1948, including the almost universally-ratified Convention on the Rights of
the Child (article 7).
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