Parliamentarians are in a unique position to help to reduce the incidence of statelessness
and to ensure that stateless individuals are accorded the rights and fulfil the obligations
stipulated under international law. They can do so in several ways: by reviewing nationality
legislation and making sure that it conforms to international standards; by supporting
accession to the 1954 and 1961 Conventions; and by advocating for the reduction or
elimination of statelessness and for the resolution of cases involving stateless persons.
What should parliamentarians look for as they review national legislation
concerning statelessness?
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Review relevant international or regional treaties to which the State is party.
Review treaties, conventions and declarations to which the State makes reference
in national legislation; that will assist in the interpretation of the national legal
framework.
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Since many States incorporate provisions relating to nationality in several
different legal instruments, review the constitution, citizenship acts, decrees,
and all sources of national law that might shed light on a State’s law and on its
interpretation of the law.
•
Review bilateral and multilateral agreements adopted in cases of State succession.
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When reviewing the domestic legal framework, determine whether the State
ensures the adoption and systematic use of safeguards to prevent statelessness
from arising as result of deprivation, renunciation and loss of nationality.
When reviewing the national legal framework, try to answer the following questions:
On acquisition of nationality
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Can children acquire the nationality of the mother, particularly when the father does
not have a nationality, is not present or cannot confer his nationality?
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Does the State’s nationality legislation provide for the acquisition of citizenship for
those born on the State’s territory who would otherwise be stateless?
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Is the principle of non‑discrimination applied to the rules for nationality?
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If the creation of the State was the result of State succession, at a minimum, are
the habitual residence of the person concerned at the time of succession, the
will of the person concerned, and the territorial origin of the person concerned
taken into consideration when determining whether nationality shall be granted to
a national of the predecessor State?
On loss and deprivation of nationality
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Do the provisions relating to a change of marital status or other social status
ensure that statelessness is avoided?
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How is nationality lost? Is prevention of statelessness foreseen?
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Is the renunciation of nationality conditional upon the acquisition, or guarantee of
acquiring, another nationality?