{"title":"Invisible people, visible barriers: Healthcare Access for and among Ethnic Bengalis in Pakistan","authors":"M. Zaman, Tahera Hasan, Janki Bhatt","doi":"10.35715/scr4002.1115","DOIUrl":"https://doi.org/10.35715/scr4002.1115","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125001298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Poe Cases","authors":"Dante B. Gatmaytan","doi":"10.35715/scr4002.1118","DOIUrl":"https://doi.org/10.35715/scr4002.1118","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123533844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"MKAH v Switzerland","authors":"Patrícia Cabral","doi":"10.35715/scr4002.1116","DOIUrl":"https://doi.org/10.35715/scr4002.1116","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134034566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although statelessness within the modern state system has many facets, there has not been any attempt to work out a formal typology. When conceptualising statelessness in singular terms, theorists miss something important: they fail to capture the full moral scope of statelessness. This article addresses this shortcoming. It is divided into four parts. First, I will show how statelessness is categorised under the UN’s framework. Second, I will turn to legal and social theory to argue that statelessness can be best understood through the two concepts of responsibility and recognition. Third, I will identify three different subtypes of statelessness. They derive from the source of nationality deprivation and include voluntary statelessness, structural statelessness and denigrative statelessness. Finally, I will offer some concluding remarks.
{"title":"A Typology of Statelessness","authors":"Benedikt Buechel","doi":"10.35715/scr4002.1112","DOIUrl":"https://doi.org/10.35715/scr4002.1112","url":null,"abstract":"Although statelessness within the modern state system has many facets, there has not been any attempt to work out a formal typology. When conceptualising statelessness in singular terms, theorists miss something important: they fail to capture the full moral scope of statelessness. This article addresses this shortcoming. It is divided into four parts. First, I will show how statelessness is categorised under the UN’s framework. Second, I will turn to legal and social theory to argue that statelessness can be best understood through the two concepts of responsibility and recognition. Third, I will identify three different subtypes of statelessness. They derive from the source of nationality deprivation and include voluntary statelessness, structural statelessness and denigrative statelessness. Finally, I will offer some concluding remarks.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130033413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Republic of South Africa (‘South Africa’) boasts some of the most progressive and inclusive citizenship laws on the African continent, protecting the right to citizenship in both its constitution and subsidiary legislation and affording special protections to children. A simple exercise in comparative law would find that there is no statelessness problem in South Africa but that would be incorrect. A closer look at the implementation of the laws reveals serious problems in the Government’s nationality administration, resulting in statelessness. In the South African context, it is not immediately possible to tell whether a child is stateless. It is only once attempts have been made to obtain (recognition of) citizenship and those attempts have failed (because of a faulty system) that a determination can be made. Under customary international law, a person is stateless because of non-recognition of citizenship by any state, whether legally or illegally. As a result, nationality administration procedures are as important as laws. South Africa’s failure to formally recognise its citizens because of insurmountable administrative barriers and discriminatory practices is making children in South Africa stateless, rendering its impressive laws useless. This article provides a brief analysis of the historical and legislative context within which South Africa finds itself, then analyses recent jurisprudence on childhood statelessness to illustrate how the right to administrative justice is crucial to South Africa’s trajectory of success in ending childhood statelessness, offering recommendations for the way forward.
{"title":"The Law is Not Enough","authors":"Liesl Muller","doi":"10.35715/scr4002.1113","DOIUrl":"https://doi.org/10.35715/scr4002.1113","url":null,"abstract":"The Republic of South Africa (‘South Africa’) boasts some of the most progressive and inclusive citizenship laws on the African continent, protecting the right to citizenship in both its constitution and subsidiary legislation and affording special protections to children. A simple exercise in comparative law would find that there is no statelessness problem in South Africa but that would be incorrect. A closer look at the implementation of the laws reveals serious problems in the Government’s nationality administration, resulting in statelessness. In the South African context, it is not immediately possible to tell whether a child is stateless. It is only once attempts have been made to obtain (recognition of) citizenship and those attempts have failed (because of a faulty system) that a determination can be made. Under customary international law, a person is stateless because of non-recognition of citizenship by any state, whether legally or illegally. As a result, nationality administration procedures are as important as laws. South Africa’s failure to formally recognise its citizens because of insurmountable administrative barriers and discriminatory practices is making children in South Africa stateless, rendering its impressive laws useless. This article provides a brief analysis of the historical and legislative context within which South Africa finds itself, then analyses recent jurisprudence on childhood statelessness to illustrate how the right to administrative justice is crucial to South Africa’s trajectory of success in ending childhood statelessness, offering recommendations for the way forward.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122960354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Citizenship Stripping in Myanmar as Lawfare","authors":"Nyi Nyi Kyaw","doi":"10.35715/scr4002.1114","DOIUrl":"https://doi.org/10.35715/scr4002.1114","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121984619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the changing concepts of racialised citizenship in two intertwined nations: the Independent State of Papua New Guinea (‘PNG’) and the Commonwealth of Australia (‘Australia’), PNG’s former colonial ruler, as the latter sought to shake off the legacies of its recently abandoned ‘White Australia’ policy. It examines the historical intersection between PNG’s developing citizenship criteria, with its racialised articulation of who was ‘in’ and who was ‘out’, and Australia’s efforts to recast its image on the international stage as a multi-racial, non-racist and anti-imperial nation. Specifically, it demonstrates how the intersection of these policy choices impacted on a particular cohort of so-called ‘Australian Protected Persons’ (‘APPs’). APPs who happened also to fall outside PNG’s citizenship criteria were left stateless at PNG’s independence. Drawing on newly released Australian archival material, this article casts light on the particular historical moment that allowed for this outcome.
{"title":"Protecting Australian Protected Persons","authors":"Savriti Taylor, Jodie Boyd","doi":"10.35715/scr4002.1111","DOIUrl":"https://doi.org/10.35715/scr4002.1111","url":null,"abstract":"This article examines the changing concepts of racialised citizenship in two intertwined nations: the Independent State of Papua New Guinea (‘PNG’) and the Commonwealth of Australia (‘Australia’), PNG’s former colonial ruler, as the latter sought to shake off the legacies of its recently abandoned ‘White Australia’ policy. It examines the historical intersection between PNG’s developing citizenship criteria, with its racialised articulation of who was ‘in’ and who was ‘out’, and Australia’s efforts to recast its image on the international stage as a multi-racial, non-racist and anti-imperial nation. Specifically, it demonstrates how the intersection of these policy choices impacted on a particular cohort of so-called ‘Australian Protected Persons’ (‘APPs’). APPs who happened also to fall outside PNG’s citizenship criteria were left stateless at PNG’s independence. Drawing on newly released Australian archival material, this article casts light on the particular historical moment that allowed for this outcome.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125142775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"R (Project for the Registration of Children as British Citizens & Ors) v Secretary of State for the Home Department [2022] UKSC 3; [2022] 2 WLR 343","authors":"E. Fripp, Araniya Kogulathas","doi":"10.35715/scr4002.1117","DOIUrl":"https://doi.org/10.35715/scr4002.1117","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121845129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Spanish Court Recognises the Spanish Nationality of a Stateless ‘Invisible Child’ in Order to Remedy the Violation of Her Human Rights","authors":"Jose Alberto Navarro, Cristina Manzanedo","doi":"10.35715/scr4002.1119","DOIUrl":"https://doi.org/10.35715/scr4002.1119","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"50 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128930126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Practical Measures to Meaningfully Implement Article 1(1) of the 1961 Convention on the Reduction of Statelessness in Australian Law and Practice","authors":"","doi":"10.35715/scr40011117","DOIUrl":"https://doi.org/10.35715/scr40011117","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115021839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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