2019 Statelessness & Citizenship Review 1(2) allows for limitations to these rights, and thus potentially limitations on states’ obligations to stateless persons, the ICESCR allows only for ‘limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society’. 63 As such, limitations designed to reduce duties to a select portion of states’ population run contrary to their obligations of nondiscrimination and advancing the general welfare. In situations where states are unable to improve housing conditions for their entire population, the CESCR notes that ‘obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction’ 64 and, furthermore, ‘state parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration’, 65 rather than further benefiting already advantaged groups. As such, limitations on states’ obligations that fail to consider and prioritise the unique and often disadvantaged positions of stateless persons run counter to states’ human rights obligations. Other bodies apart from the CESCR have provided further clarification on states’ obligations regarding the right to adequate housing for this population. In General Comment 15, the Human Rights Council declares that possession of a nationality does not impact the possession of the rights outlined in the ICCPR and that ‘[i]n general, the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness’. 66 The Committee on the Rights of the Child pronounces in General Comment 6 that ‘the enjoyment of rights stipulated in the Convention is not limited to children who are citizens of a State party and must therefore … also be available to all children … irrespective of their nationality, immigration status or statelessness’. 67 The Committee on the Elimination of Discrimination against Women (‘CEDAW’) calls attention to the additional barriers faced by stateless women in the enjoyment of their rights as they face discrimination based on both gender and nationality. CEDAW General Recommendation 32 establishes state parties’ ‘obligations to respect, protect and fulfil the rights of refugee, asylum-seeking and stateless women to non-discrimination and substantive equality’, 68 including in the right to adequate housing. While the 1954 Convention may be criticised for the exceptions it provides regarding states’ obligations and its narrow applicability due to limited ratification, other widely-ratified treaties provide broad protections with regards to the right to adequate housing for stateless persons. But while numerous treaties and their respective monitoring bodies have emphasised that the right to adequate housing applies to all persons, regardless of nationality, states have often failed to live up to their obligations for stateless persons. 63 64 65 66 67 68 ICESCR (n 32) art 4. General Comment No 4, UN Doc E/1992/23 (n 9) 117 [11]. ibid. Human Rights Committee, CCPR General Comment No 15: The Position of Aliens Under the Covenant, 27th sess (11 April 1986) [1], cited in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc HRI/GEN/1/Rev.5 (26 April 2001) 127. Committee on the Rights of the Child, General Comment No 6 (2005): Treatment of Unaccompanied and Separated Children Outside their Country of Origin, 39th sess, UN Doc CRC/GC/2005/6 (1 September 2005) 7 [12]. Committee on the Elimination of Discrimination against Women, General Recommendation No 32 on the Gender-Related Dimensions of Refugee Status, Asylum, Nationality and Statelessness of Women, UN Doc CEDAW/C/GC/32 (14 November 2014) 2 [4]. 248