10
|
Training handbook . Statelessness
1. Introduction
2. Guidance
3. Legal context
(...)
•
•
•
In case the country you are researching does not
publish relevant statistics on statelessness, it is
worth reaching out to the appropriate agency
or department to inquire if they gather data
segmented by gender, age, and/or location.
Collecting data on gender, age, and location can
help provide a more nuanced understanding of
statelessness and inform efforts to address it
effectively
4. Research strategy
5. Appendices
2.2 Legal definition of statelessness and other
statelessness concepts
The international legal definition of a stateless person is
provided by the 1954 Convention relating to the Status
of Stateless Persons as “a person who is not considered
a national by any State under the operation of its law”.19
For stateless people, the lack of any nationality is not
If you're researching European states, it’s highly merely the lack of a legal status or document.
recommended you take a look at the European
Network on Statelessness’ Statelessness Index It is a condition that deprives them of the basic rights
which assesses how countries in Europe protect that most of us take for granted. They are denied a
stateless people and what they are doing to prevent legal identity at birth and often refused education and
opportunity during childhood, and may find themselves
and reduce statelessness.
unable to marry or work legally in adulthood. Even the
Bear in mind that the specific data you need may basic ability to reside lawfully in their countries of birth
not be available; this could be because it was never remains precarious.
collected or because statistical information, such as
census data, might rely on self-identification. In the Stateless persons may face multiple discrimination.
case of statelessness, an individual may not identify This can be experienced as cumulative or additive
themselves as stateless or the country concerned discrimination, where two or more forms of
may mis-identify stateless people or be unable or discrimination happen at the same time but are not
unwilling to reach them in statistical studies.
related to each other.
•
Keep in mind that just because a piece of
information is not available to the general public
doesn't mean that stateless people do not exist.
This merely indicates that the data has not been
gathered or published. Furthermore, sometimes the
data is available but it’s not correct.
•
In the case of the UK Home Office, you can also
Persons at risk of statelessness
request such information that has not already been
published in the quarterly migration datasets by
A person who is not stateless but is at risk of becoming
submitting a Freedom of Information request.
so is a person whose statelessness has not yet been
determined, or a person whose statelessness may
become evident over time.20
Or as intersectional discrimination, where two or more
forms of discrimination interact in such a way that they
are inseparable (see section 4.2 of this handbook for
more information on taking an intersectional approach
in your research).
19. This definition can be found explicitly in Article 1 of the 1954 Convention relating to the Status of Stateless Persons, one of the
two major international instruments that deal specifically with the issue of statelessness. https://www.unhcr.org/ibelong/wpcontent/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdf see p.6
20. ENS, Statelessness determination and protection in Europe, see p.3, September 2021
© Asylos, 2023
Back to contents