SOLVING STATELESSNESS
1. Making effective use of UN human rights
mechanisms to solve statelessness
Melanie J. Khanna and Peggy Brett1
1. Introduction
United Nations (UN) human rights mechanisms can play an important
role in ending statelessness by raising awareness, spreading good
practice and making specific recommendations to States on the changes
needed to resolve statelessness. A number of human rights treaty
bodies and the Universal Periodic Review (UPR) process have already
generated useful recommendations. Likewise, certain resolutions of
the UN Human Rights Council have served to affirm and emphasise
norms and standards that help prevent and reduce statelessness. This
chapter reviews recent developments in this area and argues that,
taken together, the human rights mechanisms of the UN offer one of
the most promising avenues for addressing statelessness, as practice
in this area is dynamic and opportunities for helpful developments
are abundant given the number of mechanisms and the frequency and
variety of UN human rights meetings.
There is a natural link between efforts to address statelessness and the
work of human rights bodies, as the right to nationality is enshrined in a
number of human rights treaties, including the International Covenant
on Civil and Political Rights (ICCPR),2 the Convention on the Rights
of the Child (CRC),3 the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW)4 and the International
Convention on the Elimination of All Forms of Racial Discrimination
1
2
3
4
Melanie J. Khanna is Chief of the Statelessness Section within the Division
of International Protection at UNHCR and Peggy Brett is a fellow with the
Institute on Statelessness and Inclusion. This chapter reflects the views of the
authors and not necessarily those of UNHCR or of the United Nations.
International Covenant on Civil and Political Rights, 16 December 1966, entry
into force 23 March 1976, 999 UNTS 171, Art. 24.
Convention on the Rights of the Child, 20 November 1989, entry into force 2
September 1990, 1577 UNTS 3, Art. 7.
Convention on the Elimination of All Forms of Discrimination against Women,
18 December 1979, entry into force 3 September 1981, 1249 UNTS 13, Art. 9.
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