Literature Review

This chapter presents the previous study about the impact of global pandemic to Stateless
Persons. This includes the Rights of the Stateless Persons and Refugees to health care programs
that are being given by the Government to its citizens or nationals.

Protocols during COVID-19 pandemic

COVID-19 is an infectious disease caused by the SARS-CoV-2 virus, the first case that
was reported was way back 2019 in Wuhan, China. The said virus spread immediately thereby
infecting people all over the world and given the severity of this disease it caused the deaths of
numerous persons. During this time of pandemic, States provided a guidelines or protocols in
order to lessen the rising cases of Covid-19. Some States opted to implement the Social
Distancing in which it requires a person to have a greater distance from the other in order to
curtail the transmission of an infenction. However, given that Social Distancing is being
implemented in different countries, it was held in one study that although it is used by many, it
seems that the quality of the evidence is not strong and that most social distancing measures were
found to be moderately effective. (Rashid et al.) Basing on the conclusion that was made by the
researcher, we can deduce that despite the implementation of the Social Distancing, still it is not
the most effective way of reducing the transmission of the virus as there is no best specific way
on how to properly execute this guideline. Aside from this, States also opted to implement the
use of facemask outside their premises in order to protect themselves from the virus. In addition,
during the latter part of the year 2020, different States have their vaccination roll out to its
citizens and nationals so that they may be protected from incurring the virus and as of 2021,
around 49.7% of the world population has received the at least one dose of the Covid-19 vaccine.
(Our World in Data)

Stateless Persons

There are diverse Stateless Persons in the world and according to the United Nations
High Commissioners for Refugees that as of 2020 of November there are 4.2 Million Stateless
Persons around 76 countries. It is provided under Article 1(1) of the 1954 Convention, Stateless
Person is a person who is not considered as a national by any State under the operation of its law
(UN Refugee Agency). But in order to determine if such person falls under the definition of
Stateless Persons it was laid down under the United Nations that there are two types of Stateless
Persons, the first one being de jure stateless in which these persons have not received their
nationality automatically or through an individual decision under the operation of a State’s law
and the de facto stateless in which these persons have a nationality unless there is evidence to the
contrary. However, we cannot only rely to the types of Stateless Person, but in order to ascertain
whether such person is a Stateless Person, the government must coordinate with different
agencies in order for the individual to provide the necessary facts and circumstances which
would lead the government to conclude that basing on the relevant information that was given to
them by the individual they can safely presume that such individual is a Stateless Person. Given
this definition, if such person is considered a stateless person there arise discrimination and
human rights violation since they are not protected by the law of a certain country also, there
would be no fair justice for them if they committed a crime as they do not have the privilege of
having a lawyer who would protect the interests and rights of Stateless Person. Aside from a
person is not a national by any State under the operation of its law, there are other factors
wherein a person is deemed to be a Stateless Person in accordance with the law, if such person
committed a crime war, crime against peace, and crime against humanity. Furthermore, those
persons who are guilty of acts contrary to the purposes and principles of the United Nations and
who have committed a serious non-political crime outside the country of their residence prior to
their admission to that country. Given these circumstances, we can inferred that these persons are
not entitled to the protection of the law and they should be considered a Stateless Persons by
breaking the provisions that was laid under the United Nations wherein it is binding in different
countries and it is unjustifiable that despite their betrayal to their country by committing heinous
crime and crimes that would lead their country into a belligerent one it is discriminatory for other
persons who are considered a citizen and national of on ecountry if they would be accorded with
such protection even if such country provides for the Equal Protection of the laws, hence this
provision cannot be contended if the crime was committed to their own country.