Stateless Persons


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Stateless Persons

 

persons without citizenship, that is, not possessing the rights of citizenship in any state. The condition of statelessness arises, in general, as a result of a divergence in the laws of different countries regarding citizenship. In some bourgeois states, women find themselves in such a situation, for example, as a result of marriage to a foreigner in the case when the state of which the woman was a citizen prior to her marriage recognizes the principle of “the wife takes her citizenship from her husband,” and the state of which the husband is a citizen does not automatically grant her citizenship on the basis of the marriage. The most widespread type of statelessness is the relinquishing of citizenship or exclusion of a person from citizenship when he does not obtain citizenship in another state—for example, the deprivation of citizenship of a political emigrant.

Stateless persons are subject to the laws of their country of residence; however, their legal rights are limited. They usually do not have the right to vote and other rights that are granted only to citizens. On the other hand, stateless persons do not have those rights that a state grants to foreigners as a result of international treaties: they do not have the right of diplomatic immunity.

In Soviet law the concept of persons without citizenship was introduced by the law on citizenship of the USSR dated Aug. 19, 1938, according to which persons living within the territory of the USSR without being citizens of the USSR and not possessing proof of their citizenship in another state are considered to be stateless persons. In the USSR people without citizenship do not have the right to vote or to be elected to the soviets of workers’ deputies, but they do enjoy all other rights and freedoms established by the Constitution of the USSR, among them the right to work, freedom of speech, and freedom of assembly. They also possess civil legal rights except in specific instances, which are directly indicated in the law.

References in periodicals archive ?
The Key Areas Of Intervention With Regard To Stateless Persons And Those At Risk Of Becoming
In Cyprus, she added, "it appears that the domestic legal order treats stateless persons in a fragmented way, being unable to afford adequate and effective protection".
On 19th of September, 2012 the Delegation of the European Union to the United Nations proclaimed that "the EU Member States which have not yet done so pledge to address the issue of statelessness by ratifying the 1954 UN Convention relating to the Status of Stateless Persons and by considering the ratification of the 1961 UN Convention on the Reduction of Statelessness" (EU, 2012).
Whether it is people fleeing war, famine or persecution, stateless persons are some of the most vulnerable in our society and among those whose human rights are under the greatest threat.
Two international conventions constitute the primary framework for definitions of and responses to statelessness: the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention), and the 1961 Convention.
Matrimonial capacity and other conditions to contract marriage in respect of foreign citizens and stateless persons without Lithuanian domicile may be determined by the law of the state of domicile of both persons intending to marry if such marriage is recognized in the state of domicile of either of them.
Though traditional conditions of poverty and the low social status of women, children, and stateless persons are at the root of the problem, such global developments as intensified disproportionate economic growth (which has left the global poor especially vulnerable to the rise in demand for exploitable labor) and easy access to low-cost transportation have compounded the problem.
Tunisia is a contracting party to the four conventions on refugees and stateless persons.
Summary: Riyadh, Muharram 26, 1432, Jan 01, 2011, SPA-- The Ministry of Interior cautioned today Saudi citizens and residents traveling to Azerbaijan that the Ministry of Foreign Affairs in Azerbaijan has made some amendments to visa regulations for foreigners and stateless persons entering Azerbaijan.
The home ministry recently issued guidelines specifying that foreign participants from Afghanistan, Bangladesh, China, Iran, Iraq, Pakistan, Sri Lanka and Sudan as well as foreigners of Pakistani origin and stateless persons have to apply for security clearance from the ministry at least six weeks in advance of an event to get a conference visa.
Middle Eastern governments need to recognize that the rights of minorities, refugees and stateless persons need greater protections," Whitson said.
Without state protection and recognition, stateless persons in Lebanon live in a legal vacuum and are not entitled to state education or health care, cannot work in the formal economy or vote, are vulnerable to arbitrary detention, and have trouble accessing the legal system.