4. Reduction and prevention
of statelessness
4.1 Introduction
The 1961 Convention is the main international instrument that provides for rules for the conferral
and withdrawal of citizenship to prevent cases of statelessness. By setting out rules to limit the
occurrence of statelessness, the Convention also echoes Article 15(2) UDHR, which states that no
one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
By adopting the 1961 Convention safeguards that prevent statelessness, States contribute to the
reduction of statelessness in the world. The Convention seeks to balance the rights of individuals
with the interests of States by establishing general rules for the prevention of statelessness, while
simultaneously allowing some exceptions to those rules.
A central focus of the 1961 Convention is the prevention of statelessness at birth by requiring
States to grant citizenship to persons born on their territory, or born to their nationals abroad,
who would otherwise be stateless. To prevent statelessness in such cases, States may either grant
nationality to children automatically at birth or subsequently upon application. States must also
ensure that foundlings and persons born stateless on a ship or aircraft acquire a nationality. The
UNHCR Guidelines provide interpretative legal guidance on the application of these Articles
contained in the 1961 Convention.104
The 1961 Convention further seeks to prevent statelessness later in life by prohibiting the
withdrawal of citizenship from a State’s nationals – either through loss, renunciation, or
deprivation of nationality – when doing so would result in statelessness. Only under a few limited
exceptional circumstances does the Convention allow for the withdrawal of nationality resulting in
statelessness. The 1961 Convention further seeks to prevent statelessness upon a change in civil
status. This is complemented by Article 9 of the CEDAW, which grants women equal rights with
men to acquire, change, or retain nationality, in particular in the context of marriage.
The safeguards of the 1961 Convention only apply where statelessness would otherwise arise
and for individuals who have a link with the Contracting State. The provisions of the 1961
Convention must be read and interpreted in light of developments in international law, in particular
international human rights law. Relevant instruments include the ICCPR, CEDAW, and the CRC,
which is of paramount importance in determining the scope of the obligations under the 1961
Convention to prevent statelessness among children. Article 7 of the CRC provides that every
104
UNHCR, Guidelines on Statelessness No. 4, cited above.
UNHCR POLAND, SEPTEMBER 2019
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