4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY
AND NON-DISCRIMINATION
Article 2 of the CRG, which is one of its Guiding Principles, prohibits all
forms of discrimination against the child on the basis of the child’s race,
colour, sex, language, religion, political or other opinion, national, ethnic
or social origin, property, disability, birth or other status. Importantly, it
also obliges States to “ensure that the child is protected against all forms
of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child’s parents, legal guardians, or
family members”. The scope of Article 2, in prohibiting discrimination
but also protecting the child against discrimination on the basis of their
carer’s characteristics or actions makes it an extensive tool to address
statelessness, particularly when combined with the principle that the
best interests of the child should be a primary consideration in all
decisions concerning the child (Article 3).°
Article 7 of the CRC obliges States to ensure the child’s right to birth
registration, a name and to acquire a nationality. “States Parties shall
ensure the implementation of these rights |...] in particular where the
child would otherwise be stateless.”’”° An analysis of recommendations
made under CRC Article 7 by the Institute on Statelessness and
Inclusion has shown that the Committee on the Rights of the Child
has made recommendations on addressing gender discriminatory
nationality laws; discrimination against children on the basis of their
parents’ legal or residence status; discrimination against the child on
the basis of the child’s religion, ethnicity, race, social origin, opinions
or activities; and discrimination arising from lack of documentation.”
The Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) is a detailed and widely ratified treaty with
the aim of addressing discrimination against women. Accordingly,
it is an important part of the equality framework. Furthermore,
CEDAW prohibits discrimination against women in their ability
to acquire, change, retain and confer their nationality (Article 9),
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6°
7
7
CRC, supra n30 Art. 2(2) (emphasis added).
According to the principle of the best interests of the child, the child’s best
interests must be assessed and taken into account as a primary consideration
in all actions or decisions that concern him or her. The principle must be
respected and implemented by States in legislative and administrative acts.
For more on information, see, Institute on Statelessness and Inclusion, CRC
Toolkit, supra n67, p. 9.
CRC, supra n30, Art. 7(2).
Institute on Statelessness and Inclusion, CRC Toolkit, supra n67.
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