Chapter 2. Europe and Statelessness
On state succession – which already was an independent category in the analytical
framework presented earlier – this chapter proved that it remains a key cause and
worry in relation to statelessness in Europe, which is why a separate category regarding
norms on this is useful. Another specific concern with regard to statelessness, that
features throughout the history of statelessness and nationality questions in Europe,
is that of statelessness in the context of mass displacement. Displacement, however, is
not (always) in itself the cause of statelessness, but is an important context that should
be acknowledged. The analytical framework allows for this, as issues arising from
mass displacement, such as children of migrants being born stateless in Europe, or
solving statelessness of migrants can be addressed in the various categories: childhood
statelessness and acquisition of nationality respectively for the examples mentioned. In
view of the analytical framework, no further questions were raised by this chapter that
would require changes. Therefore, the analytical framework for studying the CoE and
the EU in the next two chapters continues to consist of five categories of substantive
legal norms on preventing and solving statelessness:
– legal norms aimed at preventing and solving childhood statelessness;
– legal norms concerning solutions to conflicts of nationality law and preventing loss
/ (arbitrary) deprivation / denial of nationality (later in life – in order to prevent
statelessness);
– nationality matters and reduction of statelessness in the context of state succession;
– legal norms aimed at the right to a nationality and acquisition of a nationality for
people who became stateless in the past and remain stateless today and/or who arrive
to a country stateless (in order to solve statelessness);
– legal norms ensuring non-discrimination and equality before the law in nationality
matters (acquisition and loss and (arbitrary) deprivation of nationality – in order to
prevent and solve statelessness).
Intersentia
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