Dolidze, Anna
January 2011
Interdisciplinary Journal of Human Rights Law;2011/2012, Vol. 6, p123
Academic Journal
The most recent humanitarian crisis on the Italian island of Lampedusa is an important point to reexamine critically the human rights of stateless persons under international law. This article identifies serious deficiencies across the international regime for the protection of stateless persons. By examining the genealogy of the international legal regime on statelessness, tracing it from recognition to implementation, the article argues that the lack of state participation and enforcement are the main impediments to the effectiveness of all categories of treaties related to statelessness. Through studying the justiciability of stateless persons' claims under the European Convention on Human Rights and Fundamental Freedoms and its implementation machinery, the article traces procedural, substantive, and wider structural obstacles that stand in the way of realization of stateless people's rights. Finally, the article proposes a set of recommendations that can partially remedy some of the problems raised.


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