View Full Version : What is statelessness. how can it be remedied. (1999)

09-06-2012, 05:11 AM
1. Introduction:
Statelessness is a position of a person who does not possess the nationality of any state. a person may be without nationality knowingly or unkonwingly intentionally or through no fault of his own. stateless persons are without the diplomatic protection of any state such person have no political and privileges in a state such persons have not enjoy those rights which are conferred to a person in international law.
2. Definition:
Case law
Stoeck v/s public trustee
"It was held if a person is not a citizen of any state he will be in position of statelessness."
Article, 1, 1954 convention relating to the status of stateless person:
" A stateless person is one who is not considered is a national by any state under the operation of its law."
"Statelessness is a condition which not only means great hardship and lack of security for individual but involves the existence of a serious gap in the application of international law."
"Sometimes it so happens that a person does not possess the nationality of any state such a state is referred to as a state of statelessness."
3. Causes of statelessness:
Following are the main causes of statelessness.
(i) An individual may lose his or her nationality and fail to acquire a new one as a result of an extended stay abroad.
(ii) Through marriage to a person of a different nationality.
(iii) The children who are born to a stateless parents or refugees who are born out of wedlock may be denied citizenship.
(iv) Individual may also find themselves stateless because of faulty administrative practice.
(v) The failure or refusal of a state to ensure the registration of births.
(vi) Conflicts in the laws of nationality.
(vii) A person may voluntarily renounce their nationality and fail to acquire a new citizenship before that renunciation takes effect.
(viii) Persons who seeks Asylum.
(ix) Denationalization by the government.
4. Remedies of statelessness:
The remedies of statelessness are as under.
I. Nationality:
The stateless person may be given nationality by liberal and independent state.
II. Elimination of denationalization:
Elimination of denationalization types of obligations and duties on state, the position of statelessness can be avoided.
III. Imposing the obligations:
By imposing different types of obligations and duties on state, the position of statelessness can be avoided.
IV. International treaties:
Statelessness can be remedies through international treaties.
V. Removal of restriction:
By removal of restrictions on travelling and admission of stateless person can be remedied the position of statelessness.
5. Conventions:
Following conventions of have been held in regards with statelessness.
(a) Convention on the reduction of the statelessness 1960.
(b) Convention on the reduction of statelessness 1975.
(c) Declaration of the human rights of individual who are not nationals of country in which they live 1985.
6. Conclusion:
To conclude it can be said that, statelessness is condition of all those people who lack what has become known as an effective nationality and are consequently unable to enjoy the rights that are consequently citizenship. a person may be stateless either by birth of after birth. the position of a person of statelessness can be eliminated by different ways under the international law.