Dr. Gülşah Ulubay, Research Assistant in the Department of Private International Law at the Ali Fuad Başgil Faculty of Law of Ondokuz Mayıs University (OMU), stated that stateless individuals may be deprived of fundamental rights such as education, healthcare, employment, freedom of movement, and official identity documents, emphasizing that millions of people worldwide continue to face this problem.

According to Dr. Ulubay, "Data from the United Nations High Commissioner for Refugees (UNHCR) indicate that there are approximately 4.4 million stateless people or individuals of undetermined nationality worldwide. However, the actual number is believed to be significantly higher."

Dr. Ulubay described statelessness as a serious human rights issue affecting millions of people across the globe. She explained that stateless individuals encounter substantial obstacles in accessing fundamental rights in many countries, including education, healthcare, employment, freedom of travel, and official identification.

She noted that a stateless person is someone who is not recognized as a national by any state under the operation of its laws, adding that Turkish legislation also defines this status under Law No. 6458 on Foreigners and International Protection.

Dr. Ulubay explained that statelessness may arise either at birth or later in life.

"Statelessness may occur at birth or develop later. At birth, it most commonly results from differences between the nationality laws of states."

"Statelessness Is Not Merely the Absence of Citizenship on Paper"

Discussing how states determine citizenship, Dr. Ulubay said:

"Some states grant citizenship based on descent (jus sanguinis), while others apply the principle of place of birth (jus soli). Incompatibilities between these systems can result in statelessness, particularly for children. For example, if the parents' country recognizes only jus soli while the country of birth recognizes only jus sanguinis, a child may acquire no nationality at birth. Likewise, children born to stateless parents or children born out of wedlock whose legal parentage cannot be established may also become stateless from birth."

She added that statelessness may also arise after birth due to the loss of nationality, annulment of naturalization decisions, the dissolution of states, territorial cession, or annexation.

"Statelessness is not merely the absence of citizenship on paper; it often means becoming legally invisible within society. As a result, stateless individuals encounter serious obstacles in the most fundamental aspects of daily life."

"Statelessness Restricts Access to Fundamental Rights"

Dr. Ulubay noted that the Asia-Pacific region is among the areas with the highest concentrations of stateless populations.

"The Rohingya are among the best-known examples. In addition, the Bidoon communities living in Gulf countries continue to live without nationality."

She explained that stateless individuals face significant challenges in their daily lives.

"The lack of legal identity and status directly affects access to many fundamental rights. Individuals without identity documents encounter major difficulties in areas such as education, healthcare, employment, opening bank accounts, marriage, and property ownership. Informal and insecure employment is also a significant risk for stateless individuals."

Dr. Ulubay emphasized that the international conventions to which Türkiye is a party are intended to protect stateless persons.

"The 1954 Convention Relating to the Status of Stateless Persons is the principal international instrument in this field."

From the perspective of private international law, she explained that statelessness creates what is known as a negative conflict of nationality, since the absence of a national law requires determining which legal system should apply in situations where nationality would normally determine the applicable law.

She noted that Turkish law resolves such cases by relying on connecting factors such as the individual's domicile, habitual residence, or the law of the country where the person is present at the time legal proceedings commence.

Regarding Türkiye's legal framework, Dr. Ulubay explained that individuals whose statelessness has been officially determined are issued a Stateless Person Identity Document.

"This document serves as a residence permit in Türkiye and enables the holder to benefit from the rights granted to foreign nationals. Furthermore, for certain rights, the reciprocity requirement generally applicable to foreigners does not apply to stateless persons. In this respect, Türkiye's legal system seeks to prevent stateless individuals from being left entirely without legal protection."

Dr. Ulubay also stated that Law No. 5901 on Turkish Citizenship includes important provisions designed to prevent statelessness from being transmitted across generations.

She concluded by noting that children born in Türkiye who do not acquire the nationality of any state automatically become Turkish citizens.