Statelessness Working Paper Series 2016/08 legitimate use of authority.27 Unsurprisingly perhaps, the rule of law is considered essential to the protection of human rights.28 The Secretary-General’s definition of the rule of law also attempts to merge two constituent though sometimes competing interpretations of the concept, both hinging on what level of prominence to give the related but distinct notion of justice. Proponents of the ‘thin definition’ of the rule of law, are firm believers that justice is too subjective, or too wrapped up in cultural notions to have a place in our understanding of what constitutes the rule of law. For them, the quality of institutions and formal decision-making processes are primary. The emphasis is on ensuring legal consistency, guaranteeing efficient and transparent justice services, and providing for the equal application of the laws and due process.29 Under the ‘thick definition’, proponents argue that it the results that flow from our legal processes that are central to our understanding of the rule of law. Here the emphasis is on norms, often expressed in human rights conventions and national constitutions that strengthen civil, economic, social and cultural rights.30 A thick definition requires that our processes actually result in a more equitable and just society for all. In the context of statelessness challenges, a ‘thin approach’ to the rule of law would ensure that legal status provision is handled efficiently, transparently and equitably. Thus, in the case of a child born as a result of rape, nationality would be conferred by administrative officials through an accessible mechanism and coupled by an effective appeals procedure. Both would be free of burdensome application requirements including unreasonable fees. An Iraqi mother would be provided adequate information about those procedures and would not need to pay a bribe. Under the ‘thick approach’ one would look beyond the processes of providing nationality to include efforts at ensuring nationality is enjoyed by all. It might also mean that violations of fundamental rights, including economic and social rights of stateless or formerly stateless people are formally recognized and addressed concurrently. Again, using the Iraqi context to demonstrate, the Iraqi government would fulfil its positive obligations to reach out to the women of newly liberated areas, to proactively provide birth registration or other documents leading to or conferring nationality to their children. It might also take measures to ensure that the Faili Kurds and other formerly stateless groups are provided access to education, clean water, social welfare assistance, health care, or access to affirmative action programmes. 6. Linking human rights, the rule of law and statelessness The rule of law is key to creating rights-respecting environments, informed by a relationship of trust and confidence between the public and the state. Stateless people, of course, are defined as those who have no link to any state, implying that they lack “the right to have rights.”31 They are as such, 27 “The basic premise of the rule of law is that no institution, entity, or individual is above the law. This is in contrast of course, to rule by force or decree, or to rule of man, family, or cabal.” Doing Justice to Sustainable Development, International Development Law Organization, 2014. 28 “Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III). 29 Brian Z. Tamanaha; On the Rule of Law: History, Politics, Theory, St John's University, New York, November 2004. 30 International Development Law Organization, Doing Justice to Sustainable Development, 2014. 31 See Hannah Arendt, The Origins of Totalitarianism, Harcourt Books, 1994, p. 292; See also, Trop v. Dulles, 356 U.S. 86, 101-102 (1958). 6