A/HRC/38/52
participation of Member States, civil society organizations and other stakeholders in her
future reports.
7.
Under international human rights law and principles, all human beings are entitled to
fundamental human rights on account of their inherent dignity. The preamble to the Universal
Declaration of Human Rights begins with the proclamation that recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world. In reality, however, for all human
beings, their capacity to enjoy full human rights depends on their citizenship, nationality or
immigration status. Everywhere, States require passports, identification cards and other
forms of proof of citizenship in order for residents to enjoy access to health care, education,
financial services and to maintain formal employment. In short, citizenship, nationality and
immigration status remain preconditions for full enjoyment of human rights for people
everywhere.
8.
Although the exact number of stateless persons is unknown, the Office of the United
Nations High Commissioner for Refugees (UNHCR) estimates that there are approximately
10 million stateless persons across the globe.1 The dire circumstances confronting stateless
persons make clear the vital role that citizenship and nationality play in determining access
to fundamental human rights. Owing to their lack of documentation, individuals who are
stateless face grave and often insurmountable barriers in access to employment, education,
health care, birth registration, property ownership, freedom of movement and political
participation.2 Stateless persons also face greater risks of human trafficking victimhood and
other forms of exploitation. 3 In general, stateless individuals live lives of constant fear of
arrest, detention and even physical expulsion because they lack official documents. Children
constitute over a third of the global stateless population, and in the countries with the 20
largest stateless populations, approximately 70,000 stateless children are born each year.4
9.
Owing to their immigration status, other categories of non-citizens are also subject to
serious human rights violations, including unlawful involuntary physical expulsion in
violation of the non-refoulement principle under international refugee law and international
human rights law. From formally recognized refugees to regular and irregular migrants, many
are denied access to education, health care, employment and even equality before the law.
Barriers to formal documentation can mean entire generations of refugee children are
excluded from formal education. For example, 54 per cent of South Sudanese refugee
children are out of school, 5 as are over half a million Syrian refugee children. 6 More
generally, about only half of the global child refugee population has access to primary
education as compared to the global non-refugee child average of 90 per cent. As refugee
children get older, their educational opportunities only worsen: whereas the global average
of adolescent secondary school attendees is 84 per cent, for refugee children this proportion
plummets to 22 per cent enrolment in secondary school. 7
10.
It simply remains the case that, notwithstanding the entitlement that every human
being has to fundamental human rights, the lived experience of most is that it is citizenship,
nationality and immigration status that effectively determine the ability to exercise and enjoy
1
2
3
4
5
6
7
4
UNHCR, “The Sustainable Development Goals and addressing statelessness”, March 2017, p. 2.
Available at www.refworld.org/docid/58b6e3364.html.
See UNHCR, “This is our home: stateless minorities and their search for citizenship”, November
2017. Available at www.refworld.org/docid/59e4a6534.html.
UNHCR and Open Society Justice Initiative, “Citizens of nowhere: solutions for the stateless in the
U.S.”, December 2012, p. 10. Available at www.refworld.org/docid/50c620f62.html.
UNHCR, “I am here, I belong: the urgent need to end childhood statelessness”, November 2015, p. 8.
Available at www.unhcr.org/ibelong/wp-content/uploads/2015-10-StatelessReport_ENG15-web.pdf.
See UNHCR, “The plight of South Sudanese refugee children—reflections of the Regional Refugee
Coordinator”, 20 September 2017. Available at www.unhcr.org/afr/news/stories/2017/9/59c246674/
the-plight-of-south-sudanese-refugee-children-reflections-of-the-regional.html.
UNHCR, “Syria crisis: education interrupted”, December 2013, p. 5. Available at www.unhcr.org/enus/publications/operations/52aaebff9/syria-crisis-education-interrupted.html.
UNHCR, “Missing out: refugee education in crisis”, September 2016, p. 4. Available at
www.unhcr.org/57d9d01d0.