Part I. Introduction and Context
of birth and the right to a nationality.188 The ICMW’s contribution on preventing and
solving statelessness is hence focused on non-discrimination of migrant workers and
preventing and solving childhood statelessness among children of migrant workers in
particular.
Likewise, the Convention on the Rights of Persons with Disabilities (CRPD)189 of
2006 protects the rights of disabled persons specifically. The treaty obliges states to
guarantee on an equal basis with others a right to liberty of movement and nationality
for disabled persons.190 In particular, persons with disabilities have the right to acquire
and change a nationality and are not to be deprived of their nationality arbitrarily or
on the basis of disability.191 Special reference is made to documentation of nationality
and identification in the CRPD192, as well as to the right of every disabled child to be
registered immediately after birth and to acquire a nationality.193 The CRPD thus seems
to protect quite some aspects of (the right to a) nationality for persons with disabilities,
which is helpful to reducing statelessness: it is concerned with childhood statelessness,
acquisition of a nationality, arbitrary deprivation of nationality and non-discrimination
in nationality matters.
States can also be held accountable through review of their efforts to fulfi l their
human rights obligations under the UDHR and the UN human rights treaties in the
Universal Periodic Review (UPR). Also in this context, statelessness is increasingly
being raised. Research of the Institute on Statelessness and Inclusion (ISI) shows that
84% of UN member states has received one or more recommendations from other
states relevant to statelessness and/or nationality matters during UPR Cycles 1 and
2.194
Furthermore, the Special Procedures195 of the Human Rights Council196 are
relevant to statelessness. These Special Procedures are divided into countryspecific and thematic mandates. Up until 2022 there has been no separate thematic
mandate with regard to statelessness and there is no country-specific mandate with
regard to any of the European states that are the focus of this research. However,
recommendations to governments to amend nationality laws are encountered in
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Art 29 ICMW.
Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered into force
3 May 2008) 2515 UNTS 3 (CRPD). The Committee on the Rights of Persons with Disabilities (CRPD
Committee) monitors implementation of the CRPD.
Art 18 CRPD.
Art 18(1)(a) CRPD.
Art 18(1)(b) CRPD.
Art 18(2) CRPD.
ISI, ‘Nationality and Statelessness in the UPR’ (2017) <www.statelessnessandhumanrights.org/upruniversal-periodic-review/nationality-statelessness-in-the-upr> accessed 4 September 2021.
See <https://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx> accessed 4 September
2021. UN Special Procedures are in fact appointed independent experts, also referred to as Special
Rapporteurs, who offer guidance and recommendations on human rights.
The Human Rights Council is a UN inter-governmental body tasked with the promotion and
protection of human rights globally.
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