288
K. Henrard
of rights as political rights secure equal access and recognition within its decision
making and organisational structures.142 Hence, voting rights are qualified as keystone rights, as ‘essential prerequisite to the enjoyment of all other rights’143 and
thus essential to secure a dignified life.
4.3 The Right to Have a Nationality and the Fight against Statelessness
As the preceding analysis demonstrated, having a nationality still greatly matters as
it is the gate to obtaining so-called keystone rights (the right to enter and reside and
the right to vote), that in turn enable the effective realisation of one’s civil, political,
social, economic, and cultural rights. Put differently, nationality is the ‘bedrock for
fulfilling and protecting our otherwise abstracted human rights’,144 thus providing
a sense of security and belonging.145 Linking back to the historical account of the
emergence of nationality: ‘in a world divided among exhaustive and mutually exclusive jurisdictions of sovereign states, it is axiomatic that every person ought to have
a citizenship, that every person ought to belong to one state or another’.146
Conversely, persons that are stateless tend to be described as particularly vulnerable, since ‘being stateless renders one vulnerable to the non-observance of rights
by state and other individuals’.147 Indeed, as was pointed out by Hanna Arendt:
when stateless there is no political community willing and able to guarantee one’s
rights.148 The severe predicament of stateless persons is also keenly understood
by international human rights courts, where they equate being stateless with being
deprived for all practical purposes of one’s rights.149
Consequently, it is not surprising that the fight against statelessness has early
roots,150 and has been relentless. The two most prominent and interrelated strategies in international law to combat statelessness are on the one hand the realisation
of the right to a nationality, and on the other countering arbitrary deprivations of
142
Bellamy (2008), pp. 598–590.
Kesby (2012), p. 69.
144
Oman (2010), pp. 279–280. See also Shachar (2014); Brubaker (1992), p. 70.
145
Citizenship is said to have a crucial bearing on the basic goods and opportunities that shape life
chances: Brubaker (1992), p. 24.
146
Brubaker (1992), p. 30.
147
Kesby (2012), p. 62. See also IACrtHR Girls Yean and Bosico v. Dominican Republic (2005), Series
C No. 130.
148
Arendt (1968), pp. 175–177.
149
See also IACrtHR Advisory Opinion on Naturalisation Law Costa Rica (1984) OC-4/84, para. 34.
See also the judgement of IACrtHR Girls Yean and Bosico v. Dominican Republic (2005), Series C No.
130, paras. 178–179 where the Court equates a denial of nationality with a denial of juridical personality,
because it denies absolutely an individual’s condition of being a subject of rights and renders him vulnerable to non-observance of this rights by the state and other individuals.
150
Brubaker notes the first concerns about combating ‘statelessness’ already in the 17th–18th century,
in the sense that states were concerned that no one would be left homeless, without protection, without
rights of residence and support (Brubaker (1992), pp. 65–66).
143
123