The first step towards addressing statelessness is to identify stateless populations,
determine how they became stateless and understand how the legal, institutional
and policy frameworks relate to those causes and offer possible solutions.
The best means of addressing statelessness is to prevent it from occurring. States
are the principal actors responsible for the prevention of statelessness because they
are responsible for determining how nationality can be acquired, changed and lost.
Nonetheless, in determining who their nationals are, States must act within the
limits imposed by international law. International legal standards recommend the
adoption of safeguards in the nationality legislation of States in order to prevent
statelessness from occurring, either at birth or later in life. Human rights treaties
contain a number of safeguards but the most comprehensive set of standards in
this domain is contained in the 1961 Convention on the Reduction of Statelessness.
The Convention establishes, for example, that children should acquire the
nationality of the State in which they are born if they would otherwise be stateless,
that individuals cannot renounce their nationality without having acquired
another and that they cannot be deprived of nationality on discriminatory
grounds.
Despite these efforts, statelessness has continued to occur, often in situations of
State succession or in the context of migration. UNHCR’s Executive Committee
has therefore emphasized that action by States is needed to reduce statelessness,
that is, to find a durable solution for existing cases of statelessness. Reduction of
statelessness requires formal, legal integration in the State through the
confirmation or attribution of nationality. But it also requires increased social and
economic participation.
Until such time as nationality is acquired, stateless persons must enjoy economic,
social, cultural and civil rights. The 1954 Convention relating to the Status of
Stateless Persons sets out a framework for the protection of stateless persons which
is complemented by international human rights law.
The broad issues which relate to the identification (or mapping) of statelessness are
addressed in Chapter 1 of the Framework, entitled Favourable Protection
Environment. Prevention and reduction of statelessness are addressed in
Chapter 2. Issues relating to the protection of stateless persons are addressed in the
following four chapters: Chapter 3 examines Fair Protection Processes and
Documentation, Chapter 4 focuses on Security from Violence and Exploitation,
Chapter 5 on Basic Needs and Essential Services, and Chapter 6 on Community
Participation, Self Management and Self-Reliance.
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