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Avoidance: The Law and Practice on the Non-recognition of Stateless Persons in the Netherlands

Citizenship
Contentious Politics
European Union
Human Rights
National Identity
Social Policy
Social Welfare
Immigration
Katarzyna Swider
University of Amsterdam
Katarzyna Swider
University of Amsterdam

Abstract

International law frames statelessness as a problem to be eliminated. Without diminishing the importance of ensuring that more people are able to enjoy the benefits of nationality, this paper studies ‘side effects’ of the avoidance-based discourse on the living experiences of stateless persons in the Netherlands. Previous studies show that the lack of appropriate identification mechanisms is at the core of the statelessness problem not only in the Netherlands, but also in many other European states. The non-recognition of statelessness can cause unjustified detention cycles, psychologically destabilizing failed deportation attempts, and inability to obtain any form of identity and travel documentation, not to mention the lack of any prospect of obtaining a nationality. The paper concludes with an outlook on the future by considering the promise recently made by the Netherlands to establish a dedicated statelessness determination procedure.