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This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.
This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.
Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
Ghost Citizens is about in situ stateless people, persons who live in a country they consider their own but which does not recognize them as citizens. Liew develops the concept of the “ghost citizen” to understand a global experience and a double oppression: of being invisible and feared in law. The term also refers to two troubling state practices: ghosting their own citizens and conferring ghost citizenship (casting persons as foreigners without legal proof). Told through an examination of law, legal processes and interviews with stateless persons and their advocates, this deeply researched book examines international and domestic jurisprudence as well as administrative decision making to show an emerging practice where states are pointing to a mother figure, constructed in law as racialized, foreign and potentially disloyal, to depict persons as not kin and therefore the responsibility of other states. By tracing British colonial legal vestiges in the case study of Malaysia, Liew shows how contemporary post-colonial, democratic and multi-juridical states deploy law and its processes and historical ideas of racial categories to create and maintain statelessness. This book challenges established norms of state recognition and calls for a discussion of ideas borrowed from other areas of law, including Indigenous legal traditions and family law, on how we should organize our communities with more respectful relations and treatment among kin.
When Lily was eleven years old, her mother, Swee Hua, walked away from the family, never to be seen or heard from again. Now, as a new mother herself, Lily becomes obsessed with finding out what happened to Swee Hua. She recalls the spring of 1987, growing up in a small British Columbia mining town where there were only a handful of Asian families; Lily’s previously stateless father wanted them to blend seamlessly into Canadian life, while her mother, alienated and isolated, longed to return to Asia. Years later, still affected by Swee Hua’s disappearance, Lily’s family is nonetheless stubbornly silent to her questioning. But eventually, an old family friend provides a clue that sends Lily to Southeast Asia to find out the truth. Winner of the Jim Wong-Chu Emerging Writers Award from the Asian Canadian Writers’ Workshop, Dandelion is a beautifully written and affecting novel about motherhood, family secrets, migration, isolation, and mental illness. With clarity and care, it delves into the many ways we define home, identity, and above all, belonging.
Join Neha as she travels around the world in an amazing adventure of discovery, visiting new countries, making new friends, learning about statelessness and all the while, piecing together bits of the puzzle about her own nationality.
Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.