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.
前经常居住地国家的概念- -作为无国籍个人的国籍国的功能等同和《关于难民地位的公约》第1A(2)条中“受迫害”调查的参照点- -不适合在其父母的国籍国或前经常居住地以外出生的无国籍儿童。对这一定义的普通解读是，在庇护国出生的无国籍儿童既没有国籍，也没有以前的经常居住地，不属于难民定义的范围。同样，在抵达庇护国之前出生的无国籍儿童(但不是在其国籍国或其父母以前经常居住的指定国家出生的儿童)也不能像所有其他难民身份标志一样确定参照国要素。在同时提出家庭要求的情况下，这种困境暴露了在取得难民地位方面明显的不平等，并因此有被驱回的危险，受到严重伤害，因为这些儿童可能面临返回其国籍国或其父母以前的惯常居住地的危险。虽然法理学的主导潮流支持对这一概念的字面解释，但米歇尔·福斯特(Michelle Foster)和海姆兰伯特(h l Lambert)已经确定了一条有目的的途径，更符合难民定义的人道主义范围。对于这类申请人，这种解释允许结合对其可遣返性和返回后遭受迫害风险的前瞻性考虑来确定参照国。本文赞同这样一种解释，并通过探索在对同时发生的家庭索赔进行个性化难民评估的背景下，哪些儿童特定利益可能更好地为这一概念提供信息，全面描绘了一种对儿童敏感的方法来应用难民地位标准(历史上是从面向成人的角度制定的)。
{"title":"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","authors":"Sharelle Aitchison","doi":"10.35715/scr4001112","DOIUrl":"https://doi.org/10.35715/scr4001112","url":null,"abstract":"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.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"212 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":"122841006","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":"Comment on the Zhao Case","authors":"Thomas McGee, Yoana I. Kuzmova","doi":"10.35715/scr4001118","DOIUrl":"https://doi.org/10.35715/scr4001118","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"3 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":"131264830","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":"Undocumented Children in Iran","authors":"Z. Abtahi, Keyvan Zamani, M. Potocky","doi":"10.35715/scr4001117","DOIUrl":"https://doi.org/10.35715/scr4001117","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"30 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":"121985660","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}
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.
{"title":"Beyond Statelessness: 'Unchilding' and the Health of Palestinian Children in Jerusalem","authors":"Osama Tanous, Bram Wispelwey, Rania Muhareb","doi":"10.35715/scr4001115","DOIUrl":"https://doi.org/10.35715/scr4001115","url":null,"abstract":"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.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"49 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":"122321856","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":"Making their Days Count","authors":"B. Mezmur","doi":"10.35715/scr40011116","DOIUrl":"https://doi.org/10.35715/scr40011116","url":null,"abstract":"","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"141 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":"132941818","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 (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","authors":"E. Fripp","doi":"10.35715/scr40011111","DOIUrl":"https://doi.org/10.35715/scr40011111","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"37 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":"121063970","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}
Aisha K. Yousafzai, J. Lombardi, Erum Mariam, Tina Hyder, Zarlasht Halaimzai
N/A
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{"title":"Statelessness and Young Children","authors":"Aisha K. Yousafzai, J. Lombardi, Erum Mariam, Tina Hyder, Zarlasht Halaimzai","doi":"10.35715/scr4001119","DOIUrl":"https://doi.org/10.35715/scr4001119","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"103 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":"123704613","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":"Nationality of Foundlings: Avoiding Statelessness among Children of Unknown Parents under International Nationality Law By Mai Kaneko-Iwase","authors":"Betsy L. Fisher","doi":"10.35715/scr40011114","DOIUrl":"https://doi.org/10.35715/scr40011114","url":null,"abstract":"<jats:p>N/A</jats:p>","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"132 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":"134449937","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}
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.
{"title":"Protecting Minorities from De Facto Statelessness: Birthright Citizenship in the United States","authors":"Michael Sullivan","doi":"10.35715/scr4001114","DOIUrl":"https://doi.org/10.35715/scr4001114","url":null,"abstract":"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.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"1 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":"131237327","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":"Views Adopted by the UN Human Rights Committee Under Article 5(4) of the Optional Protocol, concerning Communication No 2918/2016","authors":"Rodolfo Ribeiro Coutinho Marques Coutinho Marques","doi":"10.35715/scr40011110","DOIUrl":"https://doi.org/10.35715/scr40011110","url":null,"abstract":"","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"70 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":"129527260","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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