Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.
Katia Bianchini is a research fellow at the Max Planck Institute for the Study of Religious and Ethnic Diversity in Göttingen, Germany. She holds a PhD from the University of York (UK) and has practiced immigration law in the United States and the United Kingdom.
Acknowledgements List of Tables List of Abbreviations
Part 1: Background and Framework for Understanding Statelessness and the 1954 Convention
The Scope of the Book
The Problem of Statelessness and the International Response
Protecting Stateless Persons: Strengths and Weaknesses of the 1954 Convention
Part 2: National Implementation of the 1954 Convention Compared
Building a Cross-National Comparison of Incorporation of the 1954 Convention in National Legal Systems
Procedures to Determine Statelessness in States under Category One
General Standards to Determine Statelessness in States under Category Two
Procedures and Practice in States with No Provisions to Identify Stateless Persons – States under Category Three
The Implementation of the Definition of ‘Stateless Person’
Grant of Status and Rights
Part 3: Conclusions and Recommendations
Summary and Comparative Analysis of the Implementation of the 1954 Convention
Beyond the 1954 Convention: Reflections on the Wider Issue of Implementation of Human Rights Treaties
Recommendations towards Best Practices
Annex: Meaning of the Terms ‘Deportation’, ‘Removal’ and ‘Expulsion’ Table of Cases Table of Legislation United Nations Materials List Of National Informants References Index
This book is a resource for academics, researchers, practitioners, as well as governmental and international policy-makers.