CHAPTER I
The 1979 Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), Article 9(2),20 requires, inter alia, that “States Parties shall grant women equal
rights with men with respect to the nationality of their children.”
21
23
Additional UN CRC Committee comments can be searched through the Database on Statelessness and
Human Rights of the Institute on Statelessness and Inclusion, at: https://database.institutesi.org/.
See UNHCR, Guidelines on Statelessness No. 4, paras. 19-26.
ANNEXES
11
RECOMMENDATIONS
22
Convention on the Elimination of All Forms of Discrimination Against Women, United Nations, General
Assembly Resolution 34/180, adopted 18 December 1979, p. 13.
Convention on the Rights of the Child, (CRC) United Nations, General Assembly resolution 44/25, adopted
20 November 1989.
See General Comment No. 6 (2005): Treatment of unaccompanied and separated children outside their
country of origin, United Nations, CRC/GC/2005/6, 1 September 2005; and Joint general comment No.
4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the
human rights of children in the context of international migration in countries of origin, transit, destination
and return, UN CRC, UN CMW, 16 November 2017.
CHAPTER VII
20
CHAPTER VI
1. The nationality can be acquired immediately; and
CHAPTER V
The possibility of an otherwise stateless child acquiring the nationality of a parent’s
State of nationality, other than the State of birth, is relevant only if:
CHAPTER IV
In addition to these treaties, in accordance with its mandate relating to statelessness,
established by the United Nations General Assembly, UNHCR issues guidelines and
advises States on how to interpret international law relating to stateless people. UNHCR’s
Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness23 establish
international standards, including:
CHAPTER III
The 1989 Convention on the Rights of the Child (CRC)21 protects children’s right to
birth registration, a nationality, and identity (Articles 7-8) (specifically emphasizing
situations where a child would otherwise be stateless). Additionally, CRC Article 2 prohibits
discrimination, including on grounds relating to the status of a child or their parents; and
Article 3 requires that States consider children’s best interests “as a primary consideration”
“in all actions concerning children”. The CRC sets out many other child-specific rights,
including, for example, the right to know and be cared for by their parents (Articles 7,
9-10), the right to education (Articles 28-29) and the right to play (Article 31). The UN
Committee on the Rights of the Child has issued recommendations to States relating to
a child’s right to nationality and has also issued decisions in relevant individual cases.22
CHAPTER II
birth and receive a name; acquire a nationality; and be protected by the State on a nondiscriminatory basis.