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Stateless Convention

One downside to the stateless convention, which stems from its joint history with the refugee convention, is that the... [Pg.237]

Articles ID, IE, and IF of the 1951 Refugee Convention and Article 1 of the 1954 Stateless Convention exclude from their protection those persons presently receiving protection or assistance from United Nations agencies other than the UNHCR, those enjoying in fact the rights and obligations of citizenship in their country of residence, and war criminals, serious non-pohtical criminals, and similar cases. [Pg.243]

Ministerial Communique, Intergovernmental event at the ministerial level of member states of the United Nations on the occasion of the 60th anniversary of the 1951 Convention relating to the Status of Refugees and the 50th anniversary of the 1961 Convention on the Reduction of Statelessness (7-8 December 2011) UN doc. HCR/MINCOMMS/2011/6, 8 December 2011. [Pg.59]

Keywords international law, protection, stateless persons, statelessness, 954 Convention on the Status of Stateless Persons, 96 Convention on the Reduction of Statelessness, nationality laws, human rights law, refugees... [Pg.236]

It is critical to note that, in the absence of any obligations to grant nationality under international law to stateless persons, the status that they receive under the Convention is to be recognized as stateless persons in other words, their status as a person without a nationality is merely confirmed. Article 32 of the Convention, like Article 34 of the Refugee Convention, does however urge states parties to consider granting nationality to stateless persons. [Pg.237]

Satisfied that a framework was now in place to meet the protection needs of those who had been left stateless by the Second World War, the international community turned its attention to a second objective to ensure that, in fiiture, no new cases of statelessness would arise. i The idea was to turn the aspiration of Article 15 of the Universal Declaration of Human Rights 1948 into concrete standards for states to incorporate in their nationalfly laws. In particular, the notion that everyone has the right to a nationality would be further codifled in an international convention, through a set of safeguards that indicate which nationality a person is entitled to when he or she would otherwise be stateless. [Pg.238]

The necessity of such a convention—and ultimately the underiying cause of statelessness—lay in the fact that at the core of sovereignty was the unfettered discretion to set the terms of membership. In other words, states have traditionally been free to establish their own rules for the acquisition and loss of nationality, in accordance with their own interests and ideology. Where such rules are exclusionary or there is a corrflict between the rales of different states, statelessness may result The function then, of what would become the 1961 Convention on the Reduction of Statelessness, was to agree some restrictions on states freedom in rrationaHty matters. [Pg.238]

It was not the first time that international norms on the regulation of nationalily were pursued. Earlier instruments includedthe Hague Convention on Certain Questiorrs Relating to the Conflictof Nationalily Laws and the Protocol Relating to a Certain Case of Statelessness (both adopted in 1930), as well as the Convention on the Nationality of Married Women (1957). Each of these contained some standards that would help to limit the incidence of statelessness, but none provided a rigorous or comprehensive framework for this purpose. [Pg.238]

The 1961 Convention seeks to prevent statelessness in three basic contexts acquisition of nationality at birth (Articles 1 to 4) loss, deprivation, or renunciation of nationality in later life (Articles 5 to 9) and regulation of nationalily following state succession (Article 10). In each case, the Convention outlines the responsibility of the state(s) concerned by dictating when it must allow the individual to either acquire or retain nationality. The common thread throughout—and what makes it a convention on the reduction of statelessness rather than an instrument for the harmonization of rratiorraBty laws—is that the (p. 294) obligations only go into effect where statelessness would otherwise result. For instance, in Article 1, the convention does not compel states to adhere to the jus soli doctrine, but it does require them to grant nationality to a child bom on their territory if he or she would otherwise be stateless. [Pg.238]

Regardless of these, and other, shortcomings, the 1961 Convention, along with the 1954 Convention, remains a key tool for states in their efforts to prevent new cases of statelessness from emerging. [Pg.239]

Central to the application of any legal standards is agreement about what or who they appty to. Where statelessness is concerned, this most basic of questions has been a matter of ongoing debate. The major sticking point is what obligations exist towards so-caDed de fecto stateless people and when, in fact, a person can be deemed to be de facto stateless. As explained above, those who meet the definition of a stateless person provided by the 1954 convention have commonty been described as de jure stateless. The premiss is that these people are stateless, Le. hold no nationality, as a matter of law. At the same time, there are others about whom this cannot be concluded, yet who are similarly situated. A widety held view was that persons with no effective nationality are, for aH practical purposes, stateless, and should be labelled and treated as such. These individuals have therefore frequentty been labelled as de facto stateless. [Pg.239]

There has been little research, to date, into the treatment of stateless people around the globe. For instance, a comprehensive assessment of the implementation of the 1954 convention by state parties remains outstanding, although biennial updates on statelessness are produced by UNHCR. Where studies have been conducted, a causal link has nonetheless been traced between the inadequate provision for the SSD and some serious protection concerns. For instance, mapping projects completed by UNHCR in 2011 conclude that the absence of dedicated SSD procedures has left many stateless people trapped in a hopeless cycle of detention and destitution. ... [Pg.240]

Edwards, A. (2009) Displacement, Statelessness and Questions of Gender Discrimination under the Convention on the Elimination of All Forms of Discrimination Against Women. UNHCR Legal and Protection Policy Research Series. [Pg.241]

Goodwin-GUl, G. S. (2010) Convention Relating to the Status of Stateless Persons. Urrited Natiorrs Audiovisual Library of... [Pg.241]

Weis, P. (1962) The United Nations Convention on the Reduction of Statelessness, 1961. International and... [Pg.242]

Article 34 of the 1951 Convention Relating to the Status of Refugees, Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly Resolution 429 (V) of 14 December 1950 entry into force 22 April 1954, in accordance with Article 43. [Pg.386]


See other pages where Stateless Convention is mentioned: [Pg.112]    [Pg.236]    [Pg.236]    [Pg.237]    [Pg.239]    [Pg.241]    [Pg.470]    [Pg.528]    [Pg.112]    [Pg.236]    [Pg.236]    [Pg.237]    [Pg.239]    [Pg.241]    [Pg.470]    [Pg.528]    [Pg.55]    [Pg.52]    [Pg.182]    [Pg.197]    [Pg.226]    [Pg.228]    [Pg.236]    [Pg.237]    [Pg.237]    [Pg.237]    [Pg.238]    [Pg.240]    [Pg.240]    [Pg.241]    [Pg.241]    [Pg.420]    [Pg.477]    [Pg.478]    [Pg.502]    [Pg.503]    [Pg.509]    [Pg.529]   
See also in sourсe #XX -- [ Pg.294 ]




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Convention Relating to the Status of Stateless Persons

Convention on the Reduction of Statelessness

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