The Rights of Stateless People
A list of the all the conventions and covenants that stipulate the rights of the stateless
Several international and regional documents enshrine the rights of stateless people, aiming to protect their human rights and provide a framework for addressing and reducing statelessness. Here are the key documents:
1. 1954 Convention Relating to the Status of Stateless Persons
Provides a legal definition of a stateless person.
Ensures basic rights such as education, employment, and housing.
Establishes the right to identity, travel documents, and administrative assistance.
2. 1961 Convention on the Reduction of Statelessness
Focuses on preventing statelessness at birth and due to loss or deprivation of nationality.
Obligates states to grant nationality to individuals who would otherwise be stateless under certain conditions.
Encourages states to avoid practices that lead to statelessness.
3. Universal Declaration of Human Rights (1948)
Article 15 states that everyone has the right to a nationality and that no one shall be arbitrarily deprived of their nationality.
4. International Covenant on Civil and Political Rights (ICCPR) (1966)
Article 24(3) specifies the right of every child to acquire a nationality.
General provisions ensuring non-discrimination and the protection of human rights apply to stateless persons.
5. Convention on the Rights of the Child (CRC) (1989)
Article 7 emphasizes the right of every child to be registered immediately after birth, to have a name, and to acquire a nationality.
6. American Convention on Human Rights (1969)
Article 20 enshrines the right to nationality and prohibits arbitrary deprivation of nationality.
7. African Charter on the Rights and Welfare of the Child (1990)
Article 6 outlines the right of every child to a name and a nationality.
8. European Convention on Nationality (1997)
Establishes principles to avoid statelessness and facilitate access to nationality.
9. Arab Charter on Human Rights (2004)
Article 29 asserts the right to nationality and protection against arbitrary deprivation of nationality.
Guidelines and Resolutions
1. UNHCR Guidelines on Statelessness
Provide detailed guidance on interpreting and implementing international norms relating to statelessness.
2. UN General Assembly Resolutions
Various resolutions address the issue of statelessness, encouraging states to adopt measures to reduce and prevent it, and to protect stateless individuals.
These documents collectively provide a robust framework for the protection of stateless persons and for efforts to reduce and ultimately eliminate statelessness.
Courts and Tribunals
In addition to these documents there are also the various courts in which these legal instruments can be invoked. The conventions and covenants related to the rights of stateless persons are justiciable in various national, regional, and international courts.
National Courts and Tribunals:
- Domestic courts in countries that have ratified these conventions and covenants often serve as the first point of adjudication. Individuals can bring cases alleging violations of their rights under these international agreements, provided that the treaties have been incorporated into domestic law or recognized as having direct effect.
European Court of Human Rights (ECHR):
- For member states of the Council of Europe, individuals can bring cases alleging violations of the European Convention on Human Rights, which includes provisions relevant to statelessness and nationality issues.
Inter-American Court of Human Rights (IACtHR):
- Individuals in OAS (Organization of American States) member countries can bring cases related to violations of the American Convention on Human Rights.
African Court on Human and Peoples' Rights (AfCHPR):
- For African Union member states, individuals and NGOs can bring cases concerning violations of the African Charter on Human and Peoples' Rights, which includes protections relevant to stateless persons.
European Court of Justice (ECJ):
- For EU member states, individuals can bring cases related to EU laws and regulations that touch on statelessness and nationality issues, especially in the context of EU citizenship rights.
International Courts and Bodies
International Court of Justice (ICJ):
- While individuals cannot bring cases directly to the ICJ, states can bring cases against other states concerning disputes over the interpretation and application of treaties related to statelessness, such as the 1954 and 1961 Conventions.
UN Human Rights Committee (HRC):
- Individuals can bring complaints to the HRC if they believe their rights under the International Covenant on Civil and Political Rights (ICCPR) have been violated, provided their country has ratified the ICCPR and its Optional Protocol allowing individual complaints.
Committee on the Rights of the Child (CRC):
- Individuals can bring complaints to the CRC concerning violations of the Convention on the Rights of the Child, provided their country has ratified the CRC and the Optional Protocol on a Communications Procedure.
UN Committee on the Elimination of Discrimination Against Women (CEDAW):
- Individuals can bring complaints to the CEDAW Committee regarding gender discrimination in nationality laws, provided their country has ratified CEDAW and its Optional Protocol.
UN Committee on the Elimination of Racial Discrimination (CERD):
- Individuals can bring complaints to the CERD Committee if their country has recognized the competence of the CERD Committee to hear individual complaints, regarding racial discrimination that affects nationality and statelessness.