Refugee Survey Quarterly
Volume 36, Issue 3, 2017, Pages 81-107
The "Stateless person" definition in selected EU Member States: Variations of interpretation and application (Article)
Bianchini K.*
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a
Max Planck Institute for the Study of Religious and Ethnic Diversity, Göttingen, Germany
Abstract
The international obligations in the area of statelessness have much been discussed in the past 10 years. It is now generally recognized that Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons provides the internationally accepted definition of "stateless person" describing a person who is not considered a national under the operation of the law of any State. Nevertheless, only little is known of its implementation. As it is left to State Parties to interpret and implement the rights and status of stateless persons, the purpose of this article is to analyse how 10 European Union Member States treat stateless persons' claims for protection by looking at the outcome of cases of those who have a disputed nationality and stateless Palestinians. Research uncovers striking variations and a strict reading of the "stateless person" definition that are significant both in terms of applicants' experiences of the process and the States' compliance with international law. The empirical data of the article support the view that States should formally incorporate Article 1(1) into their national legislation, adopt specific statelessness determination procedures and introduce objective criteria for the assessment of stateless status to effectively implement the 1954 Convention. © Author(s) [2017]. All rights reserved.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85037354555&doi=10.1093%2frsq%2fhdx006&partnerID=40&md5=e94a516427166ed16fe4e2fc6e318083
DOI: 10.1093/rsq/hdx006
ISSN: 10204067
Original Language: English