| Drafted | 15 March 2006 |
|---|---|
| Signed | 19 March 2006 |
| Location | Strasbourg |
| Effective | 1 May 2009 |
| Condition | Ratification by 3 Council of Europe member states |
| Parties | 7 |
| Depositary | Secretary General of the Council of Europe |
| Citations | CETS 200 |
| Languages |
The Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession is a treaty that aims to ensure that people are not left without a nationality when one or more states replace their state of nationality. Such cases occur when individuals lose the nationality of the replaced state but do not acquire that of any replacing state. This convention builds on the European Convention on Nationality to establish detailed rules to prevent these cases. [1]
In response to a growing risk of statelessness from a "wave" of state succession in Eastern Europe in the 1990s and 2000s, the United Nations General Assembly encouraged states to consider developing legal instruments to regulate the ensuing issues of nationality. This treaty remains the only "positive response" to that encouragement. [2]
The treaty has seven states parties and two signatories that have not ratified. All are members of the Council of Europe. [3] In 2019, the Commissioner for Human Rights noted that many members had not joined international "instruments on statelessness and nationality", and "only seven" had joined this convention. The Commissioner urged members to do so as part of a campaign to eradicate statelessness. [4]
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
The European Convention on Nationality was signed in Strasbourg on 6 November 1997. It is a comprehensive convention of the Council of Europe dealing with the law of nationality. The convention is open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration and for accession by other non-member States. The Convention came into force on 1 March 2000 after ratification by 3 countries. As of 2021, the convention has been signed by 29 countries and ratified by 21 of those countries.
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
Nationality is the status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united by a common culture, history, traditions, and awareness of a common origin.
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, the United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world.
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the Convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member states.
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a United Nations multilateral treaty governing the protection of migrant workers and families. Signed on 18 December 1990, it entered into force on 1 July 2003 after the threshold of 20 ratifying States was reached in March 2003. The Committee on Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven UN-linked human rights treaty bodies. The convention applies as of October 2022 in 58 countries.
Human rights in Kuwait are a topic of significant concern. Most notably, Kuwait's handling of the stateless Bedoon crisis has come under substantial criticism from international human rights organisations and the United Nations. Kuwait has the largest number of stateless people in the entire region. Kuwait also faces significant criticism for the human rights violations against foreign nationals, women, and LGBT people. Although Kuwaiti law theoretically pledges to protect all human rights; the enforcement mechanisms designed to help protect human rights are very limited in Kuwait.
International law is the set of rules, norms, and standards generally recognised as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in that it is primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.
The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating to the Status of Refugees.
The Convention on the Nationality of Married Women is an international convention passed by the United Nations General Assembly in 1957. It entered into force in 1958 and as of 2013 it has 74 state parties.
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, is a human rights treaty of the Council of Europe opposing violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of violence, victim protection and to end the impunity of perpetrators. As of March 2019, it has been signed by 45 countries and the European Union. On 12 March 2012, Turkey became the first country to ratify the convention, followed by 37 other countries and the European Union from 2013 to 2023. The Convention came into force on 1 August 2014. In 2021, Turkey became the first and only country to withdraw from the convention, after denouncing it on 20 March 2021. The convention ceased to be effective in Turkey on 1 July 2021, following its denunciation. On 1 June 2023 the Council of the European Union approved the EU's accession to the Istanbul Convention.
Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov); applying equally in Denmark proper, Greenland and the Faroe Islands, and through the ratification of international human rights treaties. Denmark has held a significant role in the adoption of both the European Convention on Human Rights and in the establishment of the European Court of Human Rights (ECHR). In 1987, the Kingdom Parliament (Folketinget) established a national human rights institution, the Danish Centre of Human Rights, now the Danish Institute for Human Rights.
Gerard-René de Groot is a Professor emeritus of Maastricht University in Comparative Law and Private International Law. He studied law at University of Groningen and at the Westfälische Wilhelmsuniversität Münster (Germany). De Groot obtained the degrees Magister iuris and Doctorandus iuris at Groningen University and taught there 1974–1982. He also obtained the degree of Doctor iuris at Maastricht University. In 1982 de Groot started to teach at Maastricht University and was subsequently appointed as a professor. Since 2007 he has taught at the University of Aruba.
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