What does it mean to be stateless? Are you interested in how is statelessness determined across countries? Do you know what kind of consequences does statelessness have? Read the European Migration Network Inform which maps the situation of stateless people in EMN member countries.
The updated EMN Inform on Statelessness explores how EU countries, Norway and Georgia are determining statelessness, the nexus of stateless status and the issuance of residence permits, as well as the impacts on particular groups such as (unaccompanied) minors.
Statelessness is a global phenomenon, preventing those concerned from accessing fundamental human, civil, political, economic, social and cultural rights. The status of statelessness can have severe impacts on individuals, such as marginalisation and discrimination.
The 1954 Convention Relating to the Status of Stateless Persons defines a stateless person as “a person who is not considered a national by any State under the operation of its law”. According to the latest estimates, the United Nations High Commissioner for Refugees (UNHCR) report that there are approximately 4.3 million stateless people worldwide. While, there is no reliable way to estimate the number of stateless persons in the EU, it is estimated that the total number of stateless persons in the EU plus Norway is 399 283, including both stateless individuals and persons of undetermined nationality.
The inform provides a comprehensive overview of the mechanism for determining whether an individual is stateless and the rights of stateless people in EMN Member States. The inform serves as a tool to exchange information and good practices in the field of statelessness.
Main findings:
- 24 EU Member States plus Norway and Georgia are party to the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention) and 20 EU Member States are party to the 1961 Convention on the Reduction of Statelessness (1961 Convention).
- There is no harmonisation among EU Member States on the procedures they use to determine statelessness.
- The majority of EU Member States make no direct link between the determination of statelessness and the issuing of a specific residence permit.
- Access to the labour market, education and training, healthcare and social aid does not depend on the determination of statelessness but on the residence permit the stateless person can obtain.
- Most EU Member States facilitate access to nationality for children born stateless in their territory to some degree.
- There is no dedicated determination procedure for stateless unaccompanied minors that could take account of their specific vulnerability.
- With the exception of several EU Member States, no provision is made for children born enroute to the EU to obtain a birth certificate or an equivalent document in the country of arrival.