Finally, it must be recalled that human rights apply to everyone who is within the
jurisdiction of the State, irrespective of his/her citizenship. Therefore, the enjoyment
of human rights cannot be made contingent on citizenship, apart from in narrow
and clearly defined exceptions, such as accessing certain political rights.
34. Citizenship is a human right and everyone has the right to a citizenship. In
particular, laws should not generate statelessness at birth, regardless of
the source of statelessness.
The right of everyone to a citizenship from the moment of birth is part of international
human rights.80 In case of illegal deprivation of citizenship, States are obliged to
provide appropriate assistance and protection, with a view to re-establishing it.81
In compliance with this international obligation, domestic legislation should avoid
causing situations in which children might be stateless at birth. International
co-operation at the multilateral and bilateral levels, including through advisory and
expert bodies, can provide a framework to resolve problems that may arise in this
regard.
35. States should consider granting citizenship to persons who have been de
jure or de facto stateless for a considerable amount of time, even when
other objective grounds may not be present.
The obligation to avoid statelessness has become part of customary international
law and is included in several international instruments.82
International obligations to avoid statelessness normally cover de jure statelessness;
that is, the legal situation that arises when a person is not considered a citizen by any
State. However, having a significant number of de facto stateless persons residing
on a State’s territory presents additional challenges to the process of integration.
This in turn may affect stability. Persons with de facto statelessness formally have
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81
82
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This right can be found in, inter alia, the Universal Declaration of Human Rights, article 15, and, with special
regard to children, in the Convention on the Rights of the Child, article 7.
Convention on the Rights of the Child, article 8(2).
Inter alia, the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the
Reduction of Statelessness and the European Convention on Nationality.
Guidelines on Integration of Diverse Societies