The Convention on the Reduction of Statelessness is a United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of. On the occasion of its accession to the Convention on the Reduction of Statelessness, adopted in New York on 30 August , the Republic of Argentina. Adopted on 30 August by a conference of plenipotentiaries which met in and reconvened in in pursuance of General Assembly resolution .
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Today the Convention on the Reduction of Statelessness turns In many ways, yes. Most of them live in the shadows, with little or no access to education, health care, social services, or employment. Many are unable to move freely because they lack of identity documents, which also leaves them vulnerable to exploitation and trafficking.
So why should we care about the convention when so few states have signed on?
Statelessness is not something that one country can resolve on its own. Establishing that a person is stateless, for example, necessarily requires states to collaborate to ensure the person is not a national of another state. The convention is the only global instrument that establishes some kind of framework for such collaboration. And while parts of the convention are outdated, it does provide a clear guide for states with respect to policies that ought to be adopted to minimize occurrence of statelessness among children.
Not only do many nationality laws around the world lack such guarantees, but a great benefit of more countries acceding to the convention is that states parties would apply the same rules, minimizing the risk of creating gaps. What exactly does conveention convention do?
Text of the 1961 Convention on the Reduction of Statelessness [EN/MY]
The convention contains a number of rules about acquisition and loss of nationality, especially in cases where there is a risk of statelessness. One of the most important issues the convention deals with— one that I have addressed in quite some detail in the past —is the acquisition of nationality for children who would otherwise be stateless.
The bottom line is that while a state has a lot of discretion when it comes to determining who its nationals are, it has an obligation to ensure that a child born on its territory acquires its nationality redution the child would otherwise be stateless. Compliance with this principle internationally would go a long way in terms of breaking the vicious cycle of statelessness.
The second core issue in the convention is renunciation, loss, and deprivation of nationality. It prevents renunciation of nationality in cases where this results in statelessness. It also prevents automatic loss of nationality unless the person has another nationality or is acquiring another nationality.
There are exceptions to this rule in the convention, which is one of the shortfalls of the treaty. For example, a naturalized person may lose her nationality if she takes up long-term residence abroad, and under certain circumstances a national born abroad can have her nationality automatically withdrawn. In addition to automaticloss conventino nationality, the redudtion deals with deprivation of nationality. This is another area where the convention contains certain gaps in terms of preventing statelessness: This is clearly a much too broad provision, which could easily be abused.
The third and final core area of the convention is statelessess avoidance of statelessness in situations of state succession.
When states break up, or cede territory to other states, nationality is usually implicated. In fact, over the last 25 years, some of the major statelessness crises have taken place in the context of state successions—Soviet Union, Yugoslavia, and Ethiopia, to name a few. In the recent case of Sudan, it is still unclear precisely how nationality issues will be dealt with. The convention requires that any treaty which provides for transfer of territory shall include provisions to prevent statelessness.
And in cases where there is no treaty, states convenhion who receive new territory have an obligation to grant nationality to anyone who would otherwise become stateless as a consequence of the exchange of territory. While states can certainly employ their own safeguards against statelessness—and many do—more accessions to the convention would mean that more states apply the same kind of safeguards. The treaty clearly has a number of shortfalls, but it remains the conventtion thing we have.
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Plus, human convvention law corrects some of its major flaws—for example, the fact that it permits certain forms of gender discrimination. The December newsletter edition includes an interview with Skip to main content. Like us on Facebook Follow us on twitter Sign up. Convention on the Reduction of Statelessness.
Ensure that all migrants have proof of legal identity and adequate documentation Universal Declaration of Human Rights 20 December Website by Manta Ray Media.