Legal definition of Statelessness

An “Statelessness” is a person who is not considered a citizen of any country. According to international law, this status applies to individuals who are not recognized as nationals by any state under its legislation. These individuals have no apparent legal connection to any country, and as a result, they have no nationality or citizenship.

Depending on the individual’s situation, statelessness can result from various factors. The primary causes include discrimination, gaps in nationality laws, and conflicts between countries’ laws. It could also result from population displacement, armed conflicts, and the creation of new states. Loss of nationality, administrative difficulties, and lack of recognition can also leave individuals without a legal status, plunging them into a state of statelessness.

The consequences of statelessness are often devastating for those affected, especially for vulnerable individuals such as the sick and children. Without nationality, they are often deprived of access to fundamental rights such as education, healthcare, employment, and housing. They may face discrimination, exploitation, and abuse. Additionally, stateless individuals encounter difficulties in traveling or getting married. For both the affected individuals and international organizations, statelessness poses a significant challenge. That’s why the UN and UNHCR pay special attention to such situations and strive to address this issue by assisting countries in developing preventive policies.

Etymology of Statelessness

The term “statelessness” originates from the Latin word “State,” which translates into English as “status.” This notion refers to the condition or position of a person or thing. Meanwhile, the suffix “-lessness” is used to indicate the absence or lack of something. Therefore, “statelessness” denotes the state of lacking or the absence of a state. In this sense, it describes the status of individuals who are not recognized as nationals or citizens by any country under its laws.

Statelessness, a historical problem, drew international attention in the mid-20th century. In 1954, the United Nations adopted the Convention relating to the Status of Stateless Persons, followed by the Convention on the Reduction of Statelessness in 1961. Despite these advancements, millions of people remain without official nationality. In 2006, the UNHCR estimated the number of stateless individuals at 2.4 million, underscoring the ongoing need for action to address this challenge.