常居国による無国籍者の権利保障について : 常居国に居住する権利を中心に

抄録

Stateless person, who lack a legal bond of a nationality which has been described as "the right to have rights", exist in all regions of the world. Japan is not an exception from this phenomenon. Some person are turned "stateless" due to political or historical reasons, and many new born stateless children of foreign parents are living in the shadows of the Japanese society. The most effective way of protecting stateless persons, according to the United Nations High Commissioner for Refugees (UNHCR), is to develop legislation that avoids creating a situation of statelessness in the first place. However, it is estimated that there are about 15 million stateless persons in the world who should be protected until the problem of statelessness is eliminated. Ensuring the right of stateless persons to remain in their country of habitual residence is indispensable for the protection of stateless persons. Nevertheless, many stateless persons are confronted with a danger of expulsion and detention in the country of their habitual residence despite the fact that they lack of protection by any state in the world. This article focuses on the issues of protecting stateless persons, especially on the rights to remain and re-enter the country of their habitual residence, and on the protection against expulsion and detention of stateless persons. I drew particular attention to analyze the actual situation of the deportation and detention of stateless persons who are irregularly staying in Japan.