On the Protection of Stateless Persons in Germany

被引:2
|
作者
Bianchini, Katia [1 ,2 ,3 ]
机构
[1] Univ York, York, N Yorkshire, England
[2] Univ Hamburg, Hamburg, Germany
[3] Max Planck Inst, Study Religious & Ethn Divers, Gottingen, Germany
关键词
statelessness; 1954 Convention relating to the Status of Stateless Persons; protection of stateless persons in Germany;
D O I
10.1163/22112596-01902005
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article analyses the legal framework for the protection of stateless persons in Germany. In particular, it explains the definition of a stateless person under German law, the availability of protection outside the context of asylum procedures, access to travel documents and naturalization. This work identifies the following major problems: gaps in the applicable laws, differences of treatment and implementation due to the decentralized system of adjudication, application of readmission agreements to stateless persons, restrictive naturalization requirements. As a consequence, stateless persons' chances of obtaining protection and a long-term solution are reduced. It is argued that the adoption of specific determination procedures and recognition of stateless status as a protection ground at the Federal level are essential safeguards in this context and the German government should take additional steps in this regard.
引用
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页码:35 / 51
页数:17
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