examining the potential challenges | 10.1163/22131035-14020001
5
human decision-makers. Furthermore, it proposes measures to mitigate risk
associated with the partial use of ai. Section 5 makes concluding observations.
For the purposes of this study, reference is made to the 1954 Convention,
as well as the United Nations High Commissioner for Refugees (unhcr)
Handbook on the Protection of Stateless Persons (Handbook on Statelessness).13
Although a specific international treaty on ai and human rights is not yet in
force, reference will be made to core international human rights instruments,
including the International Covenant on Civil and Political Rights (iccpr) and
the Convention on the Rights of the Child (crc).
2
Exploring Core Concepts on Statelessness and ai
2.1
Definition of Stateless Person and Consequences of Statelessness
A stateless person ‘means a person who is not considered as a national by any
state under the operation of its law’.14 Moreover, this status arises from not
only legislation, but also regulations, case law, etc, it encompasses a question
of fact and law. Therefore, even when an individual acquires nationality
automatically under the law, it is ultimately the state’s position – rather
than the law itself – that is decisive in determining whether the individual is
considered a national.15
Statelessness is becoming a growing human rights issue globally as it affects
millions of people.16 Stateless persons are at heightened vulnerability due to
the absence of a nationality and if they are not recognised and protected, they
are prone to myriad human rights violations which can include indefinite
or unnecessary detention, torture, xenophobic attacks, enslavement, family
separation, and inadequate housing and health care, among others.17
13
14
15
16
17
Convention Relating to the Status of Stateless Persons, opened for signature 28 September
1954, entered into force 6 June 1960, 360 unts 117; United Nations High Commissioner
for Refugees (unhcr), ‘Handbook on Protection of Stateless Persons under the 1954
Convention Relating to the Status of Stateless Persons’(Handbook on Statelessness),
Geneva (2014).
Convention Relating to the Status of Stateless Persons (1954 Convention), Art.1(1).
Ibid, paras. 22–24.
Institute on Statelessness and Inclusion (isi), ‘Statelessness in numbers: 2020 An overview
and analysis of global statistics’ August 2020 <https://files.institutesi.org/ISI_statistics
_analysis_2020.pdf> accessed 30 September 2025.
Kristy Belton, ‘Statelessness and Economic and Social Rights’ in The State of Economic and
Social Human Rights: A Global Overview (Cambridge University Press, 2013) 221; Handbook
on Statelessness, (n 13) at paras 104, 311.
International Human Rights Law Review (2025) 1–31