Statelessness: Deprivation of Nationality

  • K. Aswatha
  • Show Author Details
  • K. Aswatha

    Student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, West Bengal, India

  • img Download Full Paper

Abstract

This research explores the critical issue of statelessness resulting from the deprivation of nationality, a phenomenon that affects millions globally and raises significant human rights concerns. Despite the existence of legal frameworks intended to protect individuals from arbitrary deprivation of nationality, comprehensive data on the prevalence and consequences of such actions remains elusive. This study identifies key research gaps in understanding the legal, political, and social factors leading to nationality deprivation, as well as the socio-economic and psychological impacts on stateless individuals. The objectives of this research include examining the protection of individual rights in the absence of nationality, analyzing the status of stateless persons upon expulsion, and assessing the conflicts between national laws and international conventions. Through a doctrinal legal research methodology, the study systematically analyzes existing legal instruments, national legislation, and relevant case law to evaluate compliance with human rights standards and identify gaps in protections for stateless individuals. Key research questions focus on the causes and consequences of nationality deprivation, the effectiveness of procedural safeguards, and the arbitrary abuse of state authority in revoking nationality. Comparative analyses of different jurisdictions will highlight best practices and potential pitfalls in nationality laws. The findings aim to provide insights into the legal barriers faced by stateless individuals and propose actionable recommendations for legal reforms at both national and international levels. Ultimately, this research seeks to contribute to the discourse on statelessness, advocating for enhanced protections against arbitrary deprivation of nationality and the promotion of individual rights in a global context.

Keywords

  • Statelessness
  • Nationality deprivation
  • Human rights
  • Legal frameworks
  • Arbitrary deprivation
  • National security

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 215 - 237

DOI: https://doij.org/10.10000/IJLMH.1110400

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021