A crise do "direito a ter direitos"

• Autor(a) principal: Kuwer, Laura Diehl
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/139058
• topic: Direitos humanos; Apatridia; Hannah Arendt; Direito de ter direitos; Europa; Human rights; Statelessness; Right to have rights; Europe; Direito

The purpose of this dissertation is to analyze the contemporary situation of statelessness based on the concept of "the right to have rights", created by Hannah Arendt. In her work Origins of Totalitarianism, more precisely in its fifth chapter, entitled "The Decline of the Nation-State and the End of Human Rights", Arendt observes that the problem of stateless persons and refugees finds its roots in the collapse of the nation-state system, which deprives these people of the "right to have rights". This paper thus proposes, based on Arendt's concept, a critical analysis of the Convention relating to the Status of Stateless Persons (1954) and the Convention on the Reduction of Statelessness (1961), as well as others created within the framework of the Council of Europe (CoE), and the jurisprudence of the European Court of Human Rights (ECtHR), which interprets the European Convention on Human Rights (ECHR). The first chapter, whose methodology is literature review, will analyze Arendt's work, especially the fifth chapter of the aforementioned work, from the historical construction that led the author to coin the expression "right to have rights", as well as the relationship of this right with belonging to a community. The second chapter of this research will have as methodology, besides the literature review, the legislative and jurisprudential analysis. The main concepts related to statelessness will be analyzed and, afterwards, the historical reconstruction of the two mentioned International Conventions, as well as other legislations created by the Council, will be done. Finally, it is intended to analyze the extent to which Member States have or have not adhered to the Conventions, as well as the eventual implementation of the proposals. This research aims to demonstrate that, although statelessness seems to be a problem without a solution, this idea is not supported, since a change in legislation could solve the problem. In this way, the creation of new cases would be avoided, and existing ones could be solved. It is also necessary that States keep up-to-date statistics on the issue because, as already criticized by Arendt, the lack of data generates the invisibility of the issue. This demonstrates the hypothesis that statelessness is a situation that depends on legislative changes in countries to avoid negative conflicts of nationality laws and to ensure that all children born in a certain territory receive the respective nationality.