Download or read book Statelessness Determination Procedures and the Right to Nationality written by Solomon Oseghale Momoh and published by Taylor & Francis. This book was released on 2022-10-07 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances the study of the right to nationality, the prevention of statelessness, and the protection of stateless persons, taking Nigeria as a case study. Much recent literature on the subject of statelessness has been written from a US/European perspective. This work addresses this imbalance with an in-depth study of statelessness and best practice in how to prevent it in an African country. The book appraises international legal regimes on statelessness, their efficacy or otherwise in practice, what can be improved under international law, and the relevance of these regimes in the Nigerian context. The regional frameworks include those of the African Union, the Council of Europe, the EU, the Organization of American States, and the Arab League. Comparisons are also drawn with specific countries that already have an enshrined Statelessness Determination Procedure including Ivory Coast, the UK, France, Moldova, and the Netherlands, which does not have a formal procedure but has alternative means of identification. The book assesses the successes and challenges faced in these countries, and evaluates the chances for legal transplantation in Nigeria. Presenting an in-depth analysis of how statelessness is approached in the global south, the work will be of interest to researchers, academics, and policymakers working in this field as well as those concerned with nationality from an international law perspective.
Download or read book Protecting Stateless Persons written by Katia Bianchini and published by BRILL. This book was released on 2018-04-03 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.
Download or read book Nationality and Statelessness under International Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2014-09-18 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Download or read book Understanding Statelessness written by Tendayi Bloom and published by Routledge. This book was released on 2017-08-04 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
Download or read book Nationality and Statelessness in the International Law of Refugee Status written by Eric Fripp and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.
Download or read book Statelessness and Citizenship written by Brad K. Blitz and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.
Download or read book The World s Stateless written by Institute on Statelessness and Inclusion and published by . This book was released on 2017 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness
Download or read book Citizenship Law in Africa written by Bronwen Manby and published by African Minds. This book was released on 2012-07-27 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
Download or read book Nationality and Statelessness in International Law written by Paul Weis and published by Hyperion Press. This book was released on 1956 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statelessness and right to have rights Importance of citizenship in protecting human rights of stateless communities written by Arshi Aggarwal and published by GRIN Verlag. This book was released on 2014-12-23 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thesis (M.A.) from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual ‘who is not considered as a national by any State under the operation of its law’. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only ‘citizens’ are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a ‘right to have rights’ or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations’ response to such situations and potency of current legal framework for the protection of stateless individuals.
Download or read book The World s Stateless 2020 Deprivation of Nationality written by Institute On Statelessness and in (Isi) and published by World's Stateless. This book was released on 2020-04-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of ISI's flagship report, The World's Stateless 2020, explores the issue of citizenship deprivation. Various experts and organisations have contributed material - essays, interviews, refections and more - collectively forming a truly interdisciplinary view on the subject. The report also includes the Principles on Deprivation of Nationality as a National Security Measure. As with every edition, the report also offers an overview of the state of statelessness globally in 2020.
Download or read book Statelessness governance and the problem of citizenship written by Tendayi Bloom and published by Manchester University Press. This book was released on 2021-10-12 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.
Download or read book Offshore Citizens written by Noora Lori and published by Cambridge University Press. This book was released on 2019-08-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of citizenship and migration policies in the Gulf shows how temporary residency can become a permanent citizenship status.
Download or read book Nationality of Foundlings written by Mai Kaneko-Iwase and published by Springer Nature. This book was released on 2021-09-24 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
Download or read book Statelessness determination procedures written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book FULLY HUMAN written by Lindsey N. Kingston and published by Oxford University Press. This book was released on 2019-03-06 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship within our current international system signifies being fully human, or being worthy of fundamental human rights. For some vulnerable groups, however, this form of political membership is limited or missing entirely, and they face human rights challenges despite a prevalence of international human rights law. These protection gaps are central to hierarchies of personhood, or inequalities that render some people more "worthy" than others for protections and political membership. As a remedy, Lindsey N. Kingston proposes the ideal of "functioning citizenship," which requires an active and mutually-beneficial relationship between the state and the individual and necessitates the opening of political space for those who cannot be neatly categorized. It signifies membership in a political community, in which citizens support their government while enjoying the protections and services associated with their privileged legal status. At the same time, an inclusive understanding of functioning citizenship also acknowledges that political membership cannot always be limited by the borders of the state or proven with a passport. Fully Human builds its theory by looking at several hierarchies of personhood, from the stateless to the forcibly displaced, migrants, nomadic peoples, indigenous nations, and "second class" citizens in the United States. It challenges the binary between citizen and noncitizen, arguing that rights are routinely violated in the space between the two. By recognizing these realities, we uncover limitations built into our current international system--but also begin to envision a path toward the realization of human rights norms founded on universality and inalienability. The ideal of functioning citizenship acknowledges the persistent power of the state, yet it does not rely solely on traditional conceptions of citizenship that have proven too flawed and limited for securing true rights protection.
Download or read book Statelessness written by Mira L. Siegelberg and published by Harvard University Press. This book was released on 2020-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
