Statelessness and the Feminist Toolbox: Another Man-Made Problem with a Feminist Solution?

Abstract

At its goal, a feminist analysis of statelessness solutions would mean the rethinking and revision of patriarchal structures and principles which create and perpetuate statelessness and add further subjugation to women and minorities affected by statelessness. This paper explores the potentiality of a feminist critique of statelessness for the dual objective of creating meaningful solutions to statelessness and as a means to push statelessness out of its confines as a subject in law, to an interdisciplinary field in its own right: Statelessness Studies. A feminist analysis during these formative years of statelessness research, is called for to avoid the pitfalls of other scholarship, which after neglecting gender/power differences for centuries must now "add women and stir". Drawing inspiration from the seminal work of feminist critiques of international law, this paper traces the "compartmentalization of gender" in statelessness work since 1954, identifies the persistent gap in feminist-statelessness research today, and provides research questions and ideas that could begin filling in those gaps. Through the limited canon of feminist-statelessness scholarship to-date, this paper shows how a feminist analysis can provide a valuable tool to the statelessness sector for challenging the structures that permit hierarchies, privilege and domination. Such structures, this paper argues, have been the recipe for the creation, maintenance and growth of stateless populations.

Statelessness and the Recognition of the Right to Have Rights in Germany

“…Experiences of statelessness are multiple and intersect with other structural inequalities. 32 Similarly, the availability of and access to official proof of one's statelessness depends on differing and important factors that need to be taken into consideration for a statelessness determination procedure to be truly accessible. For instance, people who are stateless due to belonging to a minority in their country of origin may face substantial barriers trying to provide official documentation of their identity and/or statelessness in Germany.…”

Feminist Foresight in Statelessness: Century-Old Citizenship Equality Campaigns

“…Patriarchal agendas attempt to maintain power and dominance by excluding certain 'Others' from state membership. 117 For example, in the context of statelessness among the Rohingya community, and the potential statelessness of Muslim Indians of Bengali heritage in Assam, citizens are being defined in opposition to a certain ethnicity or religious belief. 118 Secondly, interpreting the early campaigners' steadfast commitment to equality can be a source of inspiration for today's GDNL campaigns.…”

Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

“…137 This patriarchal rule also means that only Syrian men can pass on their citizenship to their spouse. 138 Consequently, this example illustrates how citizenship regulation and statelessness can be the expression of both patriarchy 139 and colonialism. 140 The introduction of patriarchal provisions within nationality legislation is one of the major causes of statelessness in Syria.…”