Statelessness in Law

Legal Aspects of Statelessness and Protection Status

While it would be ideal for every individual in the world to be under the protection of a state, millions of people today "stateless ." These individuals, not bound to a state by citizenship, face significant difficulties in accessing fundamental rights.

This article will examine the concept of statelessness, the United Nations (UN) conventions to which Türkiye is a party, the protection mechanisms in Turkish law, and the approach of the judicial organs to the issue.

1. What is Statelessness? (Legal Definition)

In legal literature, statelessness is evaluated under two main headings:

Legal Statelessness (De Jure): According to the 1954 Convention, these are individuals whom no state recognizes as citizens under its own legislation.
De Facto Statelessness: This is a situation where a person may have citizenship on paper, but cannot benefit from the protection of that state or has completely severed ties with that state.

2. Foundations of International Law: UN Charters

Turkey is a party to two key UN conventions aimed at resolving the issue of statelessness at a global level:

A. 1954 Convention Relating to the Status of Stateless Persons

This agreement aims to grant stateless persons a minimum standard of rights. According to the agreement, stateless persons should be granted at least the same rights as foreigners in areas such as freedom of religion, property ownership, education, and the right to work.

B. 1961 Convention on the Reduction of Statelessness

Turkey became a party to this convention in 2014. Its fundamental principle is: "A child should acquire the citizenship of the country of birth if he or she would otherwise remain stateless." This aims to break the cycle of statelessness that spans generations.

3. Stateless Persons in Turkish Law: Law No. 6458 on Foreigners

Turkey has provided legal protection for the status of stateless persons with the Law No. 6458 on Foreigners and International Protection (YUKK)

Stateless Person Identity Document (Article 50)

Individuals residing in Turkey who do not hold citizenship of any country a "Stateless Person Identity Document" .

The legal consequences of this document:

Serves as a Residence Permit: Individuals holding this document do not need to obtain a separate residence permit.
Non-Deportation: Individuals whose statelessness status has been confirmed cannot be deported unless they pose a serious threat to public safety.
Right to Work: They have the right to work, provided they obtain permission from the Ministry.

4. Statelessness in Light of Judicial Decisions

Since citizenship and status procedures are administrative in nature, disputes generally come before the Council of State and the Constitutional Court (AYM)

Constitutional Court Decision (Application No: 2014/15636)

Incident: A person claiming to be a stateless person was held under administrative detention for an extended period.

Constitutional Court Decision: The court ruled that holding a person in a deportation center for an unreasonable period until their statelessness status is determined constitutes a violation of the right to liberty and security of person. The state's obligation to quickly determine the legal status of stateless persons was emphasized.

Council of State 10th Chamber Decision (E. 2016/11252)

Case: Application for statelessness rejected on the grounds that "no concrete evidence was submitted".

Judicial Opinion: The Council of State ruled that proving a "negative situation" such as statelessness is difficult, and that the administration should not only request documents but also thoroughly investigate the process by corresponding with the person's possible countries of origin.

5. Fundamental Rights of Stateless Persons

Individuals who gain status can enjoy the following rights in Türkiye:

Education: Children have the same access to educational services as Turkish citizens.
Health: Access to healthcare services is available under the General Health Insurance (GSS) system.
Legal Aid: In legal disputes, individuals can apply to the bar associations' free legal aid mechanisms.

Conclusion

Statelessness is one of the most serious “legal entity” problems that modern legal systems must solve. Turkey aims to grant these individuals a “legal identity” both through its ratification of international conventions and through regulations in its domestic law. However, in practice, the burden of proof and bureaucratic processes still stand as significant obstacles.

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