II. THE INTERNATIONAL LEGAL FRAMEWORK AND STANDARDS FOR BIRTH REGISTRATION AND PREVENTION OF CHILDHOOD STATELESSNESS Individual OSCE participating States have ratified various international treaties that help prevent childhood statelessness and protect the rights of stateless children. Accession to these treaties is an important way of demonstrating commitment to achieving these aims and can help ensure that commitments will endure despite changes in the composition of a government. Commitments should not, of course, be only theoretical or ‘on paper’ — they must be implemented effectively through robust measures to achieve the stated aims, in compliance with other international standards. The main aims, standards and obligations of international treaties relating to childhood statelessness or nationality are briefly summarized below: The 1951 Convention relating to the Status of Refugees13 defines who is a refugee and sets out the rights and standards of treatment for refugees. The Convention specifically mentions people who do not have a nationality, and thus encompasses protection for stateless refugee children. The 1954 Convention relating to the Status of Stateless Persons14 provides a definition of statelessness and sets out the rights and standards of treatment for stateless people (including children). Under Article 1(1), a stateless person is someone “who is not considered as a national by any State under the operation of its law”. This definition has become customary international law and thus applies in all States, whether or not they are parties to the 1954 Convention.15 13 14 15 Convention Relating to the Status of Refugees, United Nations, General Assembly Final Act No. 2545, adopted 28 July 1951. Convention Relating to the Status of Stateless Persons, United Nations, General Assembly Final Act No. 5158, adopted 28 September 1954. See Draft Articles on Diplomatic Protection with commentaries, International Law Commission (2006), p. 49, which states that the Article 1 definition can “no doubt be considered as having acquired a customary nature”. 9