De Facto Statelessness: Beyond Legal Frameworks to the Human Dimension of Nationality

The concept of effective nationality is central to understanding the full realization of human rights, as outlined in Article 15 of the Universal Declaration of Human Rights (UDHR), which affirms the right to nationality. However, de facto stateless individuals—those who, despite holding legal nationality, are unable to fully enjoy the rights associated with it—find themselves trapped in a legal and existential limbo, without access to the basic protections that nationality should provide. Nationality, in this context, goes beyond being a mere legal status—it is a fundamental element of identity. As emphasized by the UNHCR, nationality “provides individuals with a sense of identity and belonging,” and “enables full protection by the state and access to various human rights, including education, healthcare, formal employment, private property, political participation, and freedom of movement.” In essence, nationality is vital for the functioning of civil life under the state's protection and plays a key role in shaping an individual's identity. Yet, for many people—particularly those who are de facto stateless—the legal recognition of nationality does not translate into access to these rights, leaving their citizenship effectively meaningless. The relationship between the individual and the state, therefore, is not just legal. It is deeply connected to the individual’s identity and their ability to engage fully in society. This realization calls for a broader, more interdisciplinary approach to the issue of statelessness. A purely legal framework, while important, has proven insufficient in addressing the complex realities of de facto statelessness. It fails to capture the human dimension of the issue—how a lack of effective nationality affects an individual’s dignity, their sense of belonging, and their ability to participate in the social, political, and economic life of a state. Nationality is not simply a legal instrument, but a vital component of human identity and societal participation. The effective exercise of civil and political rights depends on the existence of a meaningful connection between the individual and the state. Without this, the promise of human dignity and the full exercise of rights, as outlined in international law, cannot be fully realized. This highlight for a more comprehensive and dialogical approach to statelessness—one that transcends the legalistic perspective and engages with the social, political, and philosophical dimensions of nationality. By recognizing the limitations of a strictly legal framework and incorporating insights from other fields of study, more effective solutions can be devised for those who live without the full protections of nationality, ensuring that no one is excluded from the rights and identity that nationality confers.