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Lives on Hold: Conditions that Create Statelessness

stateless

NO RIGHT TO RESIDE: CONDITIONS THAT CREATE STATELESSNESS




Statelessness can occur as a result of one or more of these complex factors: 

  • political change
  • targeted discrimination, often due to race or ethnicity
  • differences in the laws between countries
  • transfer of territory
  • law relating to marriage and birth registration
  • expulsion of people from a territory
  • nationality based solely on descent, often only that of father
  • renunciation of nationality (without prior acquisition of another nationality)
  • working conditions
  • abandonment
  • lack of financial ability to register children

States frequently justify citizenship policies with national security, economic, and public health concerns.  Since September 11, 2001, the situation has further deteriorated with governments using the threat of terrorism to justify draconian policies and overt denial of rights.  Asylum seekers may also become or remain stateless by choice to enhance their prospects for admission to a country.

The problem of ineffective nationality is often compounded by discrimination on the basis of gender.  Where rights of citizenship are restricted to the children of male nationals, female citizens are discouraged from marrying men of a distinct race or nationality because their children would be denied citizenship.  That is, in some countries jus soli (soil) governs, and citizenship is determined by place of birth.  In other countries, citizenship is determined according to jus sanguinis (blood ties), whereby a legitimate child takes citizenship from the father and an illegitimate child takes citizenship from the mother.  It has been estimated that some 50 million births per year alone go unregistered. 

Problems also arise when children of migrant workers are born in foreign territories. Authorities in the host country may refuse to register the birth, and the home country also may have a policy of granting citizenship based on the territory of birth, in which case the children of migrant workers will be denied citizenship a second time.  Statelessness may also arise when children are abandoned for political or economic reasons.  For example, the citizenship rights of an illegitimate child born to members of United Nations peacekeeping troops and a female national has not yet been determined.  All of these conditions, alone or when taken together, have created a massive number of stateless people.

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