including access to economic, social, civil, and political rights, the right to administrative
assistance, and exemption from requirements which by their nature a stateless person
is incapable of fulfilling. Given the barriers that stateless people face in accessing their
human rights, it is important to determine statelessness to ensure that laws and policies
do not directly or indirectly discriminate against stateless persons in the enjoyment of
such rights.
23. Identifying statelessness is also essential to protecting everyone’s right to a nationality.
While stateless migrants and refugees in Ireland may have had their right to a nationality
denied or deprived by another country, Ireland is obligated under the 1954 Convention
to facilitate the naturalisation of such persons. Although this obligation does not require
Ireland to guarantee Irish nationality to all stateless persons (some may not fulfil
naturalisation criteria for example), identifying stateless persons, determining their
statelessness in a formal procedure, and thereby granting them access to facilitated
naturalisation (among other rights) is often the only pathway to solve statelessness, and
ensure that stateless migrants and refugees can enjoy their right to a nationality, as
secured under international human rights law.
24. As will be addressed in the next section, Ireland is further obligated to ensure that no
child is born stateless in the country. It is essential to have safeguards in place to
determine the child’s nationality or whether a child would otherwise be stateless as soon
as possible after birth. In this context, determining statelessness of adults also facilitates
the identification of children born in the country who are at greatest risk of
statelessness.
25. The determination of statelessness is best fulfilled through a dedicated statelessness
determination procedure (SDP) with the necessary safeguards and procedural
guarantees in line with UNHCR guidelines.25 The absence of a dedicated SDP in Ireland
is one of the root causes of human rights violations against stateless people, the lack of
adequate protection of stateless persons and, ultimately, facilitating the right to a
nationality for all. Establishing a dedicated SDP also helps States understand the issue of
statelessness at national level, through the collection of data and information on trends
and developments, to which it can adequately respond and therefore meet its duty to
protect the rights of stateless persons and reduce statelessness.
26. In the absence of a dedicated statelessness determination procedure, the authorities in
Ireland may examine issues of statelessness, for example, in the context of immigration,
international protection,26 or nationality related procedures. This is done on an ad hoc
basis having regard to the specific case under consideration.
Legal status and residence permits
27. The consequence of a person being determined to be stateless under a dedicated SDP
must be to guarantee access to the rights stateless persons are due under international
law. Importantly, statelessness determination should result in secure legal status
through the granting of a residence permit, which is essential to provide adequate
protection to stateless persons and prevent further human rights violations. It is through
access to a residence permit that stateless people are able to access their rights in
25
UNHCR, Handbook on Protection of Stateless Persons, 2014:
http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html.
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