Citizenship represents the legal bond between a state and an individual, and is a key prerequisite for the enjoyment of human rights and access to the institutions that guarantee them. It is a fundamental principle of international law that it is for each state to determine under its own law who are its nationals. This can also result in the occurance of statelessness, which often has severe consequences for the affected individuals. Therefore, it is crucial to establish mechanisms within international law and within individual states that would identify and protect stateless persons. A key instrument for the protection of the rights of stateless persons and the regulation of their legal status is the 1954 Convention relating to the Status of Stateless Persons, which set out the minimum standards of their treatment. Despite the relatively low number of state parties, Slovenia is also among them. Nevertheless, its legal system does not provide for a dedicated procedure to determine statelessness nor does it recognize a specific legal status for stateless persons. There are, however, countries that serve as examples of good practice, having established effective mechanisms for the identification and protection of stateless individuals. These mechanisms, while important, are still only temporary measures. The long-term goal remains the eradication of statelessness — an objective that the international community continues to pursue. The hypothesis of this master’s thesis is: »The international legal framework and states' efforts in preventing statelessness and protecting stateless persons are insufficient.«
|
