SOLVING STATELESSNESS
traditional) international human rights mechanisms and the scope for
using the new Sustainable Development Agenda to address inequalities
and discrimination faced by stateless persons.
4.2.1, International human rights mechanisms
As
stated
above,
the
core
international
human
rights
treaties,
all
of which are relevant to statelessness contain strong prohibitions
against discrimination. State compliance with each of these treaties is
monitored by treaty bodies, which also hear individual complaints.°°
Through these mechanisms, activists and other actors can engage
directly with the treaty bodies to raise issues faced by stateless people
in the enjoyment of their rights. Engaging with these monitoring
mechanisms provides an opportunity to put direct pressure on States,
draw publicattention to the issue ofstatelessness andaddress individual
violations. The principles of equality and non-discrimination provide
a strong framework through which the relevance of statelessness can
be articulated to these mechanisms. There are a variety of different
mechanisms and, while they are not all identical, there are similarities
in the ways in which they may be engaged.
The Convention on the Rights of the Child (CRC) and its Committee are
a case in point. The CRC has been ratified by all States except the United
States of America. Compliance with its obligations is monitored by the
Committee on the Rights of the Child. The Committee’s monitoring
mechanism is a strong forum through which to bring concerns relating
to discriminatory causes of statelessness and indeed the inequalities
faced by stateless children in relation to their enjoyment of other
rights protected by the CRC.°’
65
6°
6?
Individual complaints can only be heard in relation to States which have
explicitly recognised the competence of the relevant Committee to hear such
complaints.
M. Khanna and P. Brett, “Making effective use of UN human rights mechanisms
to solve statelessness”, chapter 1 in this book.
For a detailed analysis and overviewof the jurisprudence of the Committee on
the Rights of the Child and how practitioners can engage with it see, Institute
on Statelessness and Inclusion, Addressing the right to a nationality through
the Convention on the Rights of the Child: A Toolkit for Civil Society (CRC
Toolkit), 2016, http://www:sstatelessnessandhumanrights.org.
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