The Statelessness & Citizenship Review 2022-07-20T11:51:20+10:00 Statelessness & Citizenship Review Open Journal Systems <p>The&nbsp;<a href="">Peter McMullin Centre on Statelessness</a>&nbsp;at Melbourne Law School and the&nbsp;<a href="" target="_blank" rel="noopener">Institute on Statelessness and Inclusion (ISI)</a>&nbsp;present the Statelessness &amp; Citizenship Review. This is the first journal to be entirely dedicated to advancing the understanding of statelessness and related citizenship phenomena and challenges, helping to meet the growing demand for the exchange of ideas and knowledge among scholars in the blossoming field of statelessness studies. The Editors-in-Chief are Prof. Michelle Foster (Peter McMullin Centre) and Dr. Laura van Waas (ISI).</p> Front Matter 2022-07-20T09:16:54+10:00 Statelessness and Citizenship Review 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Editorial 2022-07-20T11:19:51+10:00 Jacqueline Bhabha 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## A Teleological and Child-Sensitive Interpretation of a Country of Former Habitual Residence for Stateless Children Born Outside Their Parents’ Country of Nationality or Former Habitual Residence 2022-07-20T09:16:55+10:00 Sharelle Anne Aitchison <p>The notion of a country of former habitual residence — as the functional equivalent of a country of nationality for stateless individuals and the reference point for the ‘being persecuted’ inquiry in art 1A(2) of the Convention relating to the Status of Refugees — is an ill fit for stateless children born outside the country of nationality or former habitual residence of their parent(s). On a plain, ordinary reading of the definition, stateless children born in the country of refuge have neither a nationality nor a former habitual residence and fall outside the ambit of the refugee definition. In a similar fashion, stateless children born prior to arrival in the country of refuge (but not in the country of nationality or designated country of former habitual residence of their parent(s)) are unable to establish the country of reference element, as read with all other indicia of refugeehood. In the context of concurrent family claims, this predicament exposes an obvious inequity of access to refugee status and a consequent risk of refoulement to serious harm, as such children may face return to the country of nationality or former habitual residence of their parent(s). While the dominant tide of jurisprudence supports a literal interpretation of the notion, Michelle Foster and Hélène Lambert have identified a purposive pathway, better aligned with the humanitarian scope of the refugee definition. For such applicants, this interpretation allows for the determination of country of reference in combination with forward-looking considerations on their returnability and risk of persecution upon return. This article endorses such an interpretation and comprehensively charts a child-sensitive approach to applying the criteria for refugee status (historically formulated from an adult-oriented perspective), by exploring what child-specific interests might better inform the notion in the context of the individualised refugee assessment of concurrent family claims.</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Children at Risk of Statelessness in the Fight against Terrorism 2022-07-20T11:43:39+10:00 Lavinia Spieß Louise Pyne-Jones <p>The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.</p> <p>&nbsp;</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Protecting Minorities from De Facto Statelessness: Birthright Citizenship in the United States 2022-07-20T09:16:56+10:00 Michael Sullivan <p>Birthright citizenship is the subject of intense political debate in the United States because of its connection to the debate over unauthorised immigration and the inclusion of national minorities. Similar debates have taken place in other common law countries, leading to the restriction of jus soli birthright citizenship in the United Kingdom, Australia, New Zealand and Ireland. The Supreme Court of the United States and United States Department of State’s interpretation of the Citizenship Clause in § 1 of the Fourteenth Amendment ensures that all ‘persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States’, including the children of unauthorised immigrants. This article argues that the rule of jus soli birthright citizenship in the United States is rooted in an older understanding of the birthright of native-born British subjects, and later, American citizens, to enjoy the birthright of protections and an ever-expanding set of rights based on where they were born, regardless of the status of their parents. Stated in a way that included the children of slaves and immigrants as citizens based on their birthplace alone, jus soli birthright citizenship in the United States remains a powerful tool of inclusion for marginalised minority groups.</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Beyond Statelessness: 'Unchilding' and the Health of Palestinian Children in Jerusalem 2022-07-20T09:16:56+10:00 Osama Tanous Bram Wispelwey Rania Muhareb <p>Understanding the key determinants of health of Palestinian children in occupied East Jerusalem is enhanced by analyzing Jerusalem as a settler colonial frontier. Structural racism, prolonged occupation, and settler colonialism shape the social and political determinants of health in Jerusalem, generating ill health and insecurity for Palestinian children who are rendered stateless in their own city. They are “unchilded” and, in fact, treated like enemies of the settler state. Colonial violence penetrates their family stability, homes, classrooms, and targets their bodies and health. In providing a thorough analysis of the lived experience of indigenous Palestinian children in Jerusalem, a broadened understanding of the effects of statelessness on their health can begin to take shape.</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory 2022-07-20T09:16:57+10:00 William Thomas Worster <p>In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Undocumented Children in Iran 2022-07-20T09:16:57+10:00 Zahra Abtahi Keyvan Zamani Miriam Potocky 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Comment on the Zhao Case 2022-07-20T11:18:27+10:00 Thomas McGee Yoana Kuzmova 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Statelessness and Young Children 2022-07-20T11:13:29+10:00 Aisha K Yousafzai Joan Lombardi Erum Mariam Tina Hyder Zarlasht Halaimzai 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Views Adopted by the UN Human Rights Committee Under Article 5(4) of the Optional Protocol, concerning Communication No 2918/2016 2022-07-20T11:51:20+10:00 Rodolfo Ribeiro Coutinho Marques 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765 2022-07-20T11:34:19+10:00 Eric Fripp 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## The South African Constitutional Court Decides Against Statelessness and in Favour of Children 2022-07-20T11:28:02+10:00 Mihloti Basil Sherinda Jonathan Klaaren 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Nationality of Foundlings: Avoiding Statelessness among Children of Unknown Parents under International Nationality Law By Mai Kaneko-Iwase 2022-07-20T09:16:58+10:00 Betsy L. Fisher <p>Mai Kaneko-Iwase's publication&nbsp;<em>Nationality of Foundlings</em> is an essential contribution filling gaps in understanding of international law and State practice in granting nationality to children found in a State’s territory. The volume identifies lack of clarity in international law’s provisions regarding foundlings—including lack of clarity in the term ‘foundling’ itself. A key contribution of the volume is its compilation and analysis of foundling provisions in the nationality laws of all UN member states. <em>Nationality of Foundlings </em>identifies policy solutions to minimize statelessness and maximize child protection. The volume argues that nationality law should protect children found in a State’s territory in situations where their parentage is not legally established and recommends model legislation to ensure broad protection against childhood statelessness.</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## The 1961 Convention on the Reduction of Statelessness 2022-07-20T11:31:54+10:00 Michelle Foster <p>-</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Taking Stock of the Relevance and Impact of the 1961 Convention on the Reduction of Statelessness 2022-07-20T11:49:15+10:00 Melanie Khanna Marcella Rouweler <p>-</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Making their Days Count 2022-07-20T11:21:31+10:00 Benyam Dawit Mezmur <p>-</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement## Practical Measures to Meaningfully Implement Article 1(1) of the 1961 Convention on the Reduction of Statelessness in Australian Law and Practice 2022-07-20T11:22:59+10:00 Katie Robertson <p>-</p> 2022-07-20T00:00:00+10:00 ##submission.copyrightStatement##