One important counter argument is that in both weak and strong states where political divisions are defined by gender, ethno- national, religious, tribal and party affiliations, there are many layers of discrimination that dilute the potency of citizenship by reinforcing dis- criminatory structures. In the late s, a precursor to the discourse on stateless- ness — primarily a discourse on the rights of non-citizens who were not necessarily stateless — centred on issues of equality and were justified on the grounds that exclusion fosters inequality and hence, insecur- ity.
Human 12 A. Blitz Excerpt More information Statelessness in the EU 9 security is not a concern with weapons — it is a concern with human life and dignity.
Her work also seeks to break down the distinction between de jure and de facto statelessness which she claims to be a false dichotomy since, in practice, those who cannot access their human rights cannot lay claim to protection. She is equally critical of the Convention which has remarkably few parties to it and is therefore of limited use under inter- national law. The report, Nationality Rights for All: A Progress Report and Global Survey in Statelessness, like the Refugees International study Lives on Hold: The Human Cost of Statelessness ,23 provides a wide-ranging overview of the political and human rights challenges that stem from the lack of nationality and offers a useful global survey of the problem on a country-by-country basis.
There is a considerable emphasis on the European region, and one of the most compelling aspects of these publi- cations is their analysis of interview data gathered during field visits. The value added of the reports and field studies by Refugees International lies in the inclusion of historical details and micro-level descriptions of the way in which repression and the denial of human rights affects individ- uals on the ground.
Blitz Excerpt More information Statelessness in the EU 11 conventions and treaty systems; research on children, gender issues and birth registration; and, most recently, through their investigations of the effects of the war on terror, for individuals held in detention. The most prominent area of research on statelessness and the rights of non-citizens, outside legal studies, is to be found in the fields of social and political theory.
Statelessness in the European Union: Displaced, Undocumented, Unwanted - Google книги
Arendt provides an his- torical snapshot of the diplomatic wrangling that confined human rights discourse to a minority of concerned elites: Even worse was that all societies formed for the protection of the Rights of Man, all attempts to arrive at a new bill of human rights, were spon- sored by marginal figures — by a few international jurists without political experience or professional philanthropists supported by the uncertain sentiments of professional idealists.
The groups they formed, the declar- ations they issued, showed an uncanny similarity in language and com- position to that of societies for the prevention of cruelty to animals. No statesman, no political figure of any importance could possibly take them seriously; and none of the liberal or radical parties in Europe thought it necessary to incorporate into their program a new declaration of human rights. Related Papers. Questioning de facto statelessness by looking at de facto citizenship.
By Jason Tucker. Addressing the anomaly of statelessness in Europe: An EU law and human rights perspective. Statelessness, Protection and Equality. By Brad Blitz. Everyday statelessness in Italy: status, rights and camps. By Nando Sigona.
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The evolving role of the European Union in addressing statelessness
This remains tragically true for my community, the Roma living in Europe. Discriminated against for centuries, our situation has barely improved. While I have the chance to practice my rights, many Roma are not as fortunate and many continue to be at significant risk of statelessness. This means that they are trapped without any documentation to prove their right to a nationality and therefore often without access to basic rights such as healthcare, housing or education.
Why Union Law Can and Should Protect Stateless Persons
At a meeting in the European Parliament on Wednesday 29 November , we, a cross-party group of MEPs, called on our governments and the European Commission to finally focus attention on the problem of statelessness among Roma and to discuss concrete steps to solve it. Agreed in December , Article 15 of the Universal Declaration of Human Rights affirms that: "Everyone has the right to a nationality".
Not only do policymakers need to take steps to address this issue in the European Union, but it should also become a priority for the commission and the parliament during EU enlargement negotiations. These can be a powerful leverage to get things moving in the right direction. One of the challenges when discussing statelessness is that the term itself can unwittingly evoke an image of people who are in some way 'outsiders,' even when the people in question were born and have lived their whole lives in Europe.
MEPs from all parties have shown their support for this view and the need for change by voting to adopt a report that sets out the undeniable link between statelessness and anti-gypsyism: Fundamental rights aspects in Roma integration in the EU: fighting anti-gypsyism. Statelessness is also a problem many believe Europe solved a long time ago, but, for example, Roma children born in Italy to parents who fled there during the Balkan wars still face the scourge of growing up stateless, even though their families have been living there for decades. In Romania, around 15, Roma are estimated to lack birth certificates, which puts them at risk of statelessness and struggling to obtain identification documents and access basic services.
Outside the EU in the Western Balkans, new research has revealed that complex civil registration procedures hinder access to crucial documents and are a leading cause of statelessness among Roma. This is something that needs to be addressed before countries are given the green light to join the EU. Indeed we need to make sure that Europe as a whole is working together to end statelessness. Left stateless, people face numerous difficulties in their daily lives: they lack access to health care, education, employment opportunities, property rights and the ability to move freely across borders.
It may be impossible for them to do many of the things that most of us take for granted - marry, open a bank account or get a driving licence. The children of stateless parents are left trapped in the same nightmare, which puts up barriers to having a regular childhood and often leads to lower educational achievement and life-long poverty. Almost 70 years after the UN Declaration on Human Rights was signed, it is not a moment too soon to break this vicious cycle and ensure that Roma enjoy the same rights, hopes and dreams as all other European citizens.
Vera Jourova, the EU commissioner for justice, is seeking more "practical" solutions to address the issue of Roma integration as she begins to rework the policy and rethink its spending.