II. KEY CONCEPTS
Stateless person
A stateless person is defined as a person who is not considered as a national by
any State under the operation of its law.15 Stateless persons are protected under
the 1954 Convention relating to the Status of Stateless Persons. Statelessness
can be caused by a number of factors such as: discrimination in nationality laws
and practice (e.g. based on race, religion or gender), conflict between and gaps in
nationality laws, and State succession.
In the absence of adequate mechanisms to identify stateless persons, individuals
may be registered under categories such as ‘unknown nationality’, ‘undetermined
citizenship’ or ‘nationality to be confirmed’ or under specific designations for
particular stateless groups. While each country and institution will have a different
understanding of who is registered under these categories, special attention should
be paid to them as they could include stateless persons.
Risk of Statelessness
The following is a non-exhaustive list of persons who may be at risk of
statelessness on account of belonging to one or more of the following groups:
persons living in border areas where a lack of birth registration, civil registration
and identity documents may lead to confusion as to whether they are nationals
of one State or another; victims of trafficking; minorities and persons who have
perceived or actual ties with foreign States; nomadic or semi-nomadic populations
whose territories cross international borders; and migrant and refugee populations
where difficulty proving nationality of the country of origin may occur as a result
of one or more generations of descendants having been born abroad, a difficulty
that potentially increases with each successive generation. Further, lack of birth
15
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Article 1, 1954 Convention relating to the Status of Stateless Persons (1954 Convention). This
definition is recognized as customary international law and applies therefore even to States
not Party to the 1954 Convention. See Convention relating to the Status of Stateless persons,
available at: http://www.refworld.org/docid/3ae6b3840.html and UNHCR, Handbook on
Protection of Stateless Persons, Para. 18-56.
STATELESS PERSONS IN DETENTION