Nationality, statelessness, and human rights: Does ‘everyone’ really have the right to nationality under Article 15 of the UDHR?

Alam, Jobair and Hasan, Md Naimul (2024) Nationality, statelessness, and human rights: Does ‘everyone’ really have the right to nationality under Article 15 of the UDHR? In: Human Rights after 75 Years of the Universal Declaration of Human Rights: Reflections from the Global South. Brill. (In Press)

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Abstract or description

The inclusion of the right to nationality in article 15 of the UDHR in 1948 was driven by the impulse to respond to the Second World War’s mass denationalisation. Since then, this article has been a polestar to guide states to address statelessness that may accrue in absence of nationality of any group or individual. But, despite that, statelessness has been a major challenge until now. This chapter investigates to what extent the right to nationality has been achieved to everyone’s right. After a critical analysis of the history, politics, and laws on the right to nationality and statelessness, it focuses on the contents and influences of article 15 at different levels. It then reveals the challenges, which intensify denationalisation, and thus, defy the main purpose of article 15 through two contemporary examples of statelessness, i.e., Rohingya, and Roma. In conclusion, a few recommendations are made so that the practices of (non)granting nationality are better aligned with human rights principles and secure ‘other’ human rights which are contingent upon having the right to a nationality.

Item Type:	Book Chapter, Section or Conference Proceeding
Faculty:	School of Law, Policing and Forensics > Law
Depositing User:	Md Jobair Alam
Date Deposited:	19 Apr 2024 15:06
Last Modified:	19 Apr 2024 15:06
URI:	https://eprints.staffs.ac.uk/id/eprint/8175

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