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Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees published an estimation of 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021. However, the data itself is not complete because UNHCR does not have data from many countries, such as from at least 22 countries where mass statelessness exists. The data also does not include de facto stateless people who have no legal identification to prove their nationality or legal existence. According to the World Bank, at least 850 million fit that category.
The status of a person who might be stateless ultimately depends on the viewpoint of the state with respect to the individual or a group of people. In some cases, the state makes its view clear and explicit; in others, its viewpoint is harder to discern. In those cases, one may need to rely on prima facie evidence of the view of the state, which in turn may give rise to a presumption of statelessness.
Conflicting nationality laws are one of the main causes of "stateless births". At birth, nationality is usually acquired through one of two modes, although many nations recognize both modes today:
A person who has neither parent eligible to transmit nationality by jus sanguinis is "born stateless" if born in a state which does not recognize jus soli. For example, if that child were born in India and neither parent had naturalized yet, then the child could be stateless, since India confers nationality only to children born to at least one Indian parent.
Although most states allow the acquisition of nationality through parental descent irrespective of where the child is born, some do not allow female citizens to confer nationality to their children. As of 2022, women in 24 countries, mostly in Africa and Asia, are legally restricted from transmitting their nationality onto their offspring. This can result in statelessness when the father is stateless, unknown, or otherwise unable to confer nationality to the child born to the unnaturalized mother in a foreign country without unrestricted birthright citizenship. Beginning around 2003, there have been changes in favor of sex neutrality in nationality laws in some nations, including reforms in Algeria, Morocco, and Senegal that may inform change elsewhere. For example, Algeria amended its nationality code in 2005 to grant Algerian nationality to children born in or outside Algeria to an Algerian mother or father. Moreover, the Convention on the Elimination of All Forms of Discrimination Against Women prohibits sex-based discrimination in the conferral of nationality.
An important measure to prevent statelessness at birth bestows nationality to children born in a territory who would otherwise be stateless. This norm is stipulated in the 1961 Convention on the Reduction of Statelessness; appears in several regional human rights treaties, including the American Convention on Human Rights, the European Convention on Nationality, and the African Charter on the Rights and Welfare of the Child; and is implicit in the United Nations Convention on the Rights of the Child.
Many states define their body of citizens based on ethnicity, leading to the exclusion of large groups. This violates international laws against discrimination. The United Nations Committee on the Elimination of Racial Discrimination stated on October 1, 2014, that the "deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States' obligations to ensure non-discriminatory enjoyment of the right to nationality".
In some cases, statelessness is a consequence of state succession. Some people become stateless when their state of nationality ceases to exist, or when the territory on which they live comes under the control of another state. This was the case after the Soviet Union had disintegrated in 1991, and also in the cases of Yugoslavia,[failed verification] East Pakistan and Ethiopia. According to the United Nations Office of Legal Affairs, the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession is the only treaty that aims to reduce this problem. Seven states have joined it.
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Statelessness AI simulator
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Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees published an estimation of 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021. However, the data itself is not complete because UNHCR does not have data from many countries, such as from at least 22 countries where mass statelessness exists. The data also does not include de facto stateless people who have no legal identification to prove their nationality or legal existence. According to the World Bank, at least 850 million fit that category.
The status of a person who might be stateless ultimately depends on the viewpoint of the state with respect to the individual or a group of people. In some cases, the state makes its view clear and explicit; in others, its viewpoint is harder to discern. In those cases, one may need to rely on prima facie evidence of the view of the state, which in turn may give rise to a presumption of statelessness.
Conflicting nationality laws are one of the main causes of "stateless births". At birth, nationality is usually acquired through one of two modes, although many nations recognize both modes today:
A person who has neither parent eligible to transmit nationality by jus sanguinis is "born stateless" if born in a state which does not recognize jus soli. For example, if that child were born in India and neither parent had naturalized yet, then the child could be stateless, since India confers nationality only to children born to at least one Indian parent.
Although most states allow the acquisition of nationality through parental descent irrespective of where the child is born, some do not allow female citizens to confer nationality to their children. As of 2022, women in 24 countries, mostly in Africa and Asia, are legally restricted from transmitting their nationality onto their offspring. This can result in statelessness when the father is stateless, unknown, or otherwise unable to confer nationality to the child born to the unnaturalized mother in a foreign country without unrestricted birthright citizenship. Beginning around 2003, there have been changes in favor of sex neutrality in nationality laws in some nations, including reforms in Algeria, Morocco, and Senegal that may inform change elsewhere. For example, Algeria amended its nationality code in 2005 to grant Algerian nationality to children born in or outside Algeria to an Algerian mother or father. Moreover, the Convention on the Elimination of All Forms of Discrimination Against Women prohibits sex-based discrimination in the conferral of nationality.
An important measure to prevent statelessness at birth bestows nationality to children born in a territory who would otherwise be stateless. This norm is stipulated in the 1961 Convention on the Reduction of Statelessness; appears in several regional human rights treaties, including the American Convention on Human Rights, the European Convention on Nationality, and the African Charter on the Rights and Welfare of the Child; and is implicit in the United Nations Convention on the Rights of the Child.
Many states define their body of citizens based on ethnicity, leading to the exclusion of large groups. This violates international laws against discrimination. The United Nations Committee on the Elimination of Racial Discrimination stated on October 1, 2014, that the "deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States' obligations to ensure non-discriminatory enjoyment of the right to nationality".
In some cases, statelessness is a consequence of state succession. Some people become stateless when their state of nationality ceases to exist, or when the territory on which they live comes under the control of another state. This was the case after the Soviet Union had disintegrated in 1991, and also in the cases of Yugoslavia,[failed verification] East Pakistan and Ethiopia. According to the United Nations Office of Legal Affairs, the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession is the only treaty that aims to reduce this problem. Seven states have joined it.