Statelessness and Elusive Political Membership

Abstract

Statelessness is recognized not only as a violation of the “right to a nationality” but also as a root cause of additional rights abuses. Yet while legal nationality is an essential prerequisite for the mere possibility of enjoying basic human rights, the international community’s narrow emphasis on citizenship acquisition is misguided. Legal status is only one step in a long journey toward full rights protection; statelessness is both a cause of marginalization and a symptom of it. That is, most stateless populations lack legal nationality because they face systematic discrimination from the beginning. Their circumstances are worsened by statelessness, but legal status alone cannot guarantee full rights protection. Rather than relying on the acquisition of legal nationality to ensure access to human rights, advocates must acknowledge the deeply rooted complexities of statelessness and seek out solutions that guarantee functioning citizenship rather than simple legal status.