11th Session, Geneva, 29 and 30 November 2018
Ensuring the right to a nationality for persons belonging to minorities through
facilitation of birth registration, naturalization and citizenship for stateless
minorities
The right to a nationality is a fundamental human right enshrined in the Universal
Declaration of Human Rights. Complex or onerous documentary and other requirements for
proving one’s citizenship, barriers to birth registration, as well as laws, policies and practices
that arbitrarily deny or deprive persons of their nationality can all contribute to the vulnerability
of minorities to statelessness. Minorities may also face challenges in obtaining or
demonstrating citizenship when they live in isolated border areas or have a nomadic lifestyle.
It is essential to explore more effective and adapted ways to ensure access to
documentation needed to prove nationality or entitlement to nationality for all without
discrimination. Facilitation of birth registration, naturalization, confirmation or acquisition of
citizenship, including for nomadic and other non-traditional minorities is another crucial
element in addressing the vast overrepresentation of persons belonging to minorities amongst
the stateless. It is also important to identify good examples and effective measures to eliminate
laws and practices that arbitrarily deny or deprive persons of their nationality on the basis of
discriminatory grounds such as race, ethnicity, religion, or language.
Preventing and combating statelessness should also encompass development aspect in
addition to humanitarian assistance. The 2030 Agenda for Sustainable Development, and in
particular its Target 16.9, aiming to achieve "legal identity for all, including birth registration"
can be a useful framework in this regard.
Minority women and children affected by statelessness: advancing gender equality
in nationality laws
Minority women and children are often disproportionately affected by statelessness. It
is thus also important to examine gender equality in law such as citizenship laws and their
impact on preventing or eliminating statelessness of persons belonging to minorities. Gender
inequality, such as for example discriminatory laws prohibiting women from conferring
nationality on their children does have a negative impact on the enjoyment of the child’s right
to acquire a nationality, and therefore contributes to statelessness.
Statelessness often hinders access to the full range of human rights, preventing children
from accessing primary education or healthcare services, and women from accessing sexual
and reproductive health and rights. Statelessness may also place women and children at a
heightened risk of exploitation and violence because they have difficulty proving who they are
or any links to a country of origin or residence.
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