Problems related to statelessness
as a consequence of the war in Ukraine
from the Polish perspective Cover Image

Problems related to statelessness as a consequence of the war in Ukraine from the Polish perspective
Problems related to statelessness as a consequence of the war in Ukraine from the Polish perspective

Author(s): Agnieszka Gajda
Subject(s): Governance, Peace and Conflict Studies, Asylum, Refugees, Migration as Policy-fields, Russian war against Ukraine
Published by: Temida 2
Keywords: statelessness; stateless persons; war in Ukraine; refugees; citizenship; constitution; ombudsman; dignity; United Nations High Commissioner for Refugees;

Summary/Abstract: One of the problems that has become particularly important forEurope in the face of the ongoing war in Ukraine is the problem ofstatelessness. It concerns not only the imperfections of applicablelegal regulations and their interpretation but above all the practice oftheir application. It is also visible in Poland, a country that, as one ofUkraine's closest neighbors, was strongly affected by the war, amongother things, through the influx of people fleeing the war. This Polishperspective has become a point of interest for considerations onproblems related to statelessness. The aim of the article is todemonstrate the connection between the ongoing war in Ukraine andthe increased risk of statelessness in Poland. Moreover, an indicationof the complexity of the topic, which concerns not only the universalproblem of creating and avoiding statelessness but also the situationof individual people affected by statelessness. Stateless persons aredeprived of the opportunity to enjoy the full catalog of human rights.The author comes to the belief that work related to Poland'sratification of two global instruments on statelessness (the 1954Convention relating to the Status of Stateless Persons and the 1961Convention on the Reduction of Statelessness) should be accelerated.It is also necessary to create an internal, comprehensive legalregulation relating to stateless persons, which would ensure theirprotection. The idea is to create mechanisms to facilitate theiracquisition of citizenship as well as to create preventive mechanismsto prevent the problem of statelessness. The basic research methodsused were the historical method to describe the beginnings of interestin the problem of statelessness, the dogmatic-legal method todescribe the phenomenon of statelessness, and the analysis ofapplicable legal regulations and other source texts to describe theeffects and consequences of statelessness.

  • Issue Year: 7/2023
  • Issue No: 2
  • Page Range: 27-34
  • Page Count: 8
  • Language: English
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