whether and to what extent Danish law and policy provide for the identification and protection of stateless persons, as well as the prevention and reduction of statelessness. The report consists of five parts. This introductory chapter is followed by Part 2, which illustrates the face of statelessness in Denmark containing a historical overview of relevant Danish laws, as well as a summary of statistical data on stateless persons in Denmark. Part 3 discusses the administrative practices and means to identify and determine statelessness within the existing administrative procedures, as well as rights that are attached to the status, while addressing the compliance with art. 1 C in the 1954 Convention. Part 4 discusses the reduction and the prevention of statelessness, analyzing the compliance of national laws with the 1961 Convention and other relevant international human right standards. All parts conclude with a set of recommendations. The last part of the report, Part 5, compiles all recommendations. The mapping highlights positive aspects of addressing statelessness in Denmark, as well as current gaps and challenges. It suggests possible ways to improve conditions of stateless persons in Denmark. UNHCR hopes this mapping can contribute to a better understanding and awareness of the issue of statelessness at the national level and help encourage relevant national actors to further investigate how to address statelessness. 1.1 Statelessness across the globe Statelessness is a global phenomenon. UNHCR estimates that there are millions of stateless persons worldwide. The following sections look at the definition of a “stateless person”, the causes of statelessness, and some of the consequences of being stateless. 1.1.1 Defining “a stateless person” The definition of a “stateless person” is set forth in Article 1(1) of the 1954 Convention, which provides that a “stateless person” is “a person who is not considered as a national by any State under the operation of its law.” The International Law Commission has concluded that Article 1(1) definition of a “stateless person” is part of customary international law.3 The present report focuses on persons coming under this definition.4 The term “national” within the meaning of Article 1(1) refers to a formal bond between a person and a state, but it does not need to be an “effective” or “genuine” link.5 The term “law” within the meaning of Article 1(1) “encompass[es] not just legislation, but also ministerial decrees, regulations, orders, judicial case law…and, where appropriate, customary practice.”6 Establishing whether an individual is considered as a national of a state requires an analysis of both the text of that state’s laws, as well as their application to the individual’s case.7 The letter of the law, as well 8 3 See the International Law Commission, Articles on Diplomatic Protection with commentaries, 2006, p. 49 (stating that the Article 1 definition can “no doubt be considered as having acquired a customary nature”), available at: http://www.refworld.org/docid/525e7929d.html. 4 The UNHCR Handbook on Protection of Stateless Persons explains that “persons who fall within the scope of Article 1(1) of the 1954 Convention are sometimes referred to as “de jure” stateless persons,” UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, para. 7, (“Handbook on Protection of Stateless Persons”), available at: http://www.refworld.org/docid/53b676aa4.html. Individuals who have a nationality but are outside the country of their nationality and are denied diplomatic and consular protection accorded to other nationals by their state of nationality have been referred to as “de facto” stateless. See UN High Commissioner for Refugees (UNHCR), Expert Meeting – The Concept of Stateless Persons under International Law (“Prato Conclusions”), May 2010, pp. 5-8, available at: http://www.refworld.org/docid/4ca1ae002.html. The term “de jure” is not found in any international treaty and is not used in this report, yet it must be emphasized that the present report does not include “de facto” stateless persons. 5 UNHCR Handbook on Protection of Stateless Persons, 30 June 2014, para 54 and fn. 38. 6 Ibid, para. 22. 7 Ibid, para. 23, and fn. 12 (citing Articles 1 and 2 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws). Mapping Statelessness in Denmark