Refugee status, arbitrary deprivation of nationality and statelessness within the context of Article 1A(2) of the 1951 Convention and its 1967 Protocol relating to the status of refugees

Publié : 20/Oct/2014
Source: UNHCR

The question of whether arbitrary deprivation of nationality constitutes persecution for the purposes of a determination of refugee status has received increased attention in recent jurisprudence,however, no systematic argument has been made to date on the ordinary meaning of words, context, object and purpose of Article 1A(2) of the 1951 Convention Relating to the Status of Refugees Refugee,as it applies to stateless refugees.This is an important question because in addition to the imperatives of refugee protection, the absence of determination procedures and a protection regime specifically for stateless persons, in many jurisdictions, makes refugee and/or complementary protection the only options. Legal status as a refugee (or indeed as a stateless person) is not a substitute for nationality in the sense of a legal status of citizenship, however it goes some way in guaranteeing a range of basic rights. Divergent State practice on whether to grant refugee status to a person, who claims to have been persecuted on the basis of having been denied the right to nationality, also requires analysis.

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Thèmes: Normes internationales, Perte et déchéance de la nationalité
Les régions: International
An: 2014