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Agata Szwed, Statelessness in the Context of the Migration Crisis in Europe: A Growing...
issue at the international arena are being made. It is not sufficiently
noted, both in practice and in literature, that this is a problem that is
escalating and will have to be tackled in the near future. Statelessness
as a phenomenon should be considered from three perspectives: from
that of states, of stateless people, and of the host society. People without
nationality are often relegated to the peripheries or margins of society,
but they should not remain ignored in the international area. What adds
to the gravity of the issue is that these people may never become part of
any society, which may in turn give rise to social conflicts in the countries of current residence.
Statelessness is therefore a challenge for the international community and calls for systemic actions in which all sides involved participate:
host countries, host societies, and stateless persons themselves. In an
endeavour to fi nd possible solutions to the research problem of understudied and under-theorised statelessness in the context of the migration
crisis, the following questions must be asked: what is statelessness and
what are its causes? What values and factors lead to an increase in statelessness? What normative solutions have been taken at the universal
and regional level to effectively counteract this phenomenon? What is the
impact of the growing numbers of stateless persons on Europe? What
are the consequences of statelessness for the international community,
for EU citizens, for the communities of host countries, and, finally, for
stateless persons themselves?
First, the concept of ‘stateless person’ will be defined, the reasons
for the emergence of stateless people will be explored, and international legal acts addressing the problem of statelessness will be recalled.
Attention will be given to the concept of ‘the right to have rights’ coined
by Hannah Arendt. Referring to modern nation-states, the notable political theorist distinguishes between the concept of the state and nation
denoting a nationally defined community. Consequently, Arendt argues
that human rights are essentially the rights of those considered members of an organised political community, whereas stateless people are
in fact rightless, denied ‘the right to have rights’ and to belong to a political community. This fact of not belonging to any political community
results in constant discrimination and a lack of resources to oppose it.
The paper will go on to present the current situation of non-nationals in
Europe and will then consider the national laws governing the acquisition of citizenship in Syria, Iraq and Afghanistan (as the countries from
where the largest number of protection seekers originate). Finally, some
suggestions will be made on to how to resolve the issue of statelessness
in Europe and worldwide.
Two basic research methods in the field of legal sciences will be used
in the article. The first is the doctrinal research methodology, consisting