Lubaale, Emma Charlene and Maziya, Takalanga Nokwanda (2026) Beyond ratification: reimagining policy and legislative frameworks to address childhood statelessness in South Africa. Statute Law Review, 47 (2):hmag020. pp. 1-21. ISSN 0144-3593 (Print), 1464-3863 (Online) (doi:10.1093/slr/hmag020)

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Abstract

Statelessness disproportionately affects children and undermines their access to basic rights, including education, health care, and dignity. Despite South Africa’s ratification of core international treaties and its constitutional guarantee of every child’s right to a name and nationality at birth, the operationalization of these norms reveals a paradox. This article conceptualizes and evidences what it terms the operationalization gap: the phenomenon whereby states appear normatively compliant through treaty ratification and constitutionalization yet reproduce exclusion through legislative and administrative practice. In South Africa, this manifests in four interlocking barriers: gaps in nationality legislation, onerous evidentiary burdens, restrictive interpretations, and broad discretion vested in officials— mechanisms that perpetuate childhood statelessness despite South Africa’s constitutional and international commitments. Drawing on the African Committee of Experts on the Rights and Welfare of the Child’s General Comment 2, the article advances original, context-sensitive recommendations that translate constitutional supremacy and treaty obligations into actionable reforms. These include legislative amendments, administrative presumptions, and policy firewalls designed to dismantle systemic barriers. While grounded in South Africa’s socio-legal context, the analysis offers transferable insights for other jurisdictions grappling with migration pressures and the conflation of nationality law with immigration control. By bridging the gap between normative frameworks and administrative realities, this article contributes a novel lens and a practical blueprint for eradicating childhood statelessness in South Africa and beyond.

Item Type:	Article
Uncontrolled Keywords:	statelessness, South Africa, children, operationalisation gap
Subjects:	J Political Science > JX International law K Law > K Law (General) R Medicine > RJ Pediatrics > RJ101 Child Health. Child health services
Faculty / School / Research Centre / Research Group:	Faculty of Law, Arts and Social Sciences Faculty of Law, Arts and Social Sciences > School of Law and Criminology
Last Modified:	29 May 2026 16:17
URI:	https://gala.gre.ac.uk/id/eprint/53633

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