What allows one to identify with a nationality without the rights and duties of a citizen?

Governments establish who their nationals are. This makes them responsible for legal and policy reforms that are necessary to effectively address statelessness. But UNHCR, other agencies, regional organizations, civil society and stateless people all have roles to play in supporting their efforts.

To make a difference, we must work together. Each of the four areas of our work on statelessness – identification, prevention, reduction and protection – overlap with the expertise of other international organizations and NGOs, and we rely on the local knowledge and expertise of civil society groups, national human rights institutions, academics and legal associations. Their contribution to our work allows us to prepare and recommend the most effective solutions.

Collaboration with other UN agencies is also important. For example, the UN Children's Fund (UNICEF) has long worked on improving birth registration and civil registries, the UN Population Fund (UNFPA) can help governments design and implement national censuses, and the Office of the High Commissioner for Human Rights (OHCHR) supports monitoring of the human rights of stateless people.

Understanding Statelessness

How does nationality work?

People usually acquire a nationality automatically at birth, either through their parents or the country in which they were born. Sometimes, however, a person must apply to become a national of a country.

What is statelessness?

The international legal definition of a stateless person is “a person who is not considered as a national by any State under the operation of its law”. In simple terms, this means that a stateless person does not have a nationality of any country. Some people are born stateless, but others become stateless.

Statelessness can occur for several reasons, including discrimination against particular ethnic or religious groups, or on the basis of gender; the emergence of new States and transfers of territory between existing States; and gaps in nationality laws. Whatever the cause, statelessness has serious consequences for people in almost every country and in all regions of the world. 

What are the causes of statelessness?

1. Gaps in nationality laws are a major cause of statelessness. Every country has laws which establish under what circumstances someone acquires nationality or can have it withdrawn. If these laws are not carefully written and correctly applied, some people can be excluded and left stateless. An example is children who are of unknown parentage in a country where nationality is acquired based on descent from a national. Fortunately, most nationality laws recognize them as nationals of the state in which they are found.
2. Another factor that can make matters complicated is when people move from the countries where they were born. A child born in a foreign country can risk becoming stateless if that country does not permit nationality based on birth alone and if the country of origin does not allow a parent to pass on nationality through family ties. Additionally, the rules setting out who can and who cannot pass on their nationality are sometimes discriminatory. The laws in 27 countries do not let women pass on their nationality, while some countries limit citizenship to people of certain races and ethnicities.
3. Another important reason is the emergence of new states and changes in borders. In many cases, specific groups can be left without a nationality as a result and, even where new countries allow nationality for all, ethnic, racial and religious minorities frequently have trouble proving their link to the country. In countries where nationality is only acquired by descent from a national, statelessness will be passed on to the next generation.
4. Finally, statelessness can also be caused by loss or deprivation of nationality. In some countries, citizens can lose their nationality simply from having lived outside their country for a long period of time. States can also deprive citizens of their nationality through changes in law that leave whole populations stateless, using discriminatory criteria like ethnicity or race.

Learn more

• Statelessness Documents on Refworld
• Self-Study Module on Statelessness
• To register for and access the E-Learning Programme on Statelessness​
• Report on minority children and statelessness

Citizenship of the Union

SUMMARY OF:

Article 20 of the Treaty on the Functioning of the European Union

Article 9 of the Treaty on European Union

WHAT IS THE AIM OF THE ARTICLES?

Citizenship of the Union is a right provided for in Article 20 of the Treaty on the Functioning of the European Union (TFEU) and in Article 9 of the Treaty on European Union (TEU). Anyone who is a national of an EU Member State is automatically a citizen of the Union. This right is thus enshrined in the European Union’s (EU) treaties and is a key factor in developing a European identity. Citizenship of the Union does not replace national citizenship. It is additional to it and gives people specific rights. These rights are further specified in the treaties as well as in the Charter of Fundamental Rights.

• Article 20 TFEU establishes the citizenship of the Union to which all persons holding the nationality of a Member State are entitled. It also lists the main rights and duties of citizens of the Union.
• Article 9 TEU recalls that all persons holding the nationality of a Member State are citizens of the Union. It requires the EU to observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies.

KEY POINTS

• Citizenship of the Union gives people the right to:
  • non-discrimination on the grounds of nationality;
  • travel and take up residence anywhere in the European Union;
  • vote and stand as a candidate in European and local elections where they are living;
  • diplomatic protection and consular support around the world from any other EU country if one’s own country is not represented there;
  • petition the European Parliament on any issue within the EU’s responsibility;
  • raise perceived cases of maladministration by any EU institution with the European Ombudsman;
  • write to any EU institution in one of the EU’s official languages and receive a reply in the same language;
  • access Parliament, Council of the European Union and European Commission documents under certain conditions;
  • participate in public exams to enter the EU civil service.

The Lisbon Treaty introduced an additional form of public participation: the citizens’ initiative. This allows one million citizens coming from at least seven Member States to ask the Commission to submit a proposal in any field in which it has the power to propose a legal act.

BACKGROUND

For more information, see:

• EU citizenship (Europa website).

MAIN DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union — Part Two — Non-discrimination and citizenship of the Union — Article 20 (ex Article 17 TEC) (OJ C 202, 7.6.2016, pp. 56-57)

Consolidated version of the Treaty on European Union — Title II — Provisions on democratic principles — Article 9 (OJ C 202, 7.6.2016, p. 20)

last update 30.06.2021

Top

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