1961 Convention On The Reduction of Statelessness - General Principles

General Principles

The Convention works to create norms and to codify and confirm certain presumptions and principles of customary international law existing at the time of its formation. Among these would be:

  • States have absolute sovereignty to confer their nationality on any person for any reason
  • otherwise stateless persons may take the nationality of the place of their birth or of the place where they were found (in the case of a foundling), otherwise they may take the nationality of one of their parents (in each case possibly subject to a qualifying period of residence in that State)
  • a stateless person has some time beyond attaining adulthood to seek to claim the benefit of the Convention. That time is always at least three years from the age of eighteen.
  • the benefit of the Convention may be claimed by guardians on behalf of children
  • States may impose a period of residence qualification for granting nationality to persons who may be otherwise stateless. That period is a maximum five years immediately prior to application and maximum of ten years overall.
  • disloyal or certain criminal conduct may limit an individual's ability to avail the benefit of the Convention
  • birth on a sea vessel or aircraft may attract the nationality of the flag of that vessel or craft

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