4 1 NO CHILD SHOULD BE STATELESS THE CHILD’S RIGHT TO A NATIONALITY – INTERNATIONAL AND REGIONAL FRAMEWORK UNITED NATIONS UN Convention on the Rights of the Child (Art 2, 3, 7 & 8) States must ensure that every child is registered immediately after birth and respect the child’s right to acquire a nationality. Enshrines the principle that the best interests of the child shall be a primary consideration in all actions concerning children. States must respect and ensure the rights of children without discrimination of any kind. International Covenant on Civil and Political Rights (Art 24) Requires States to ensure that every child is registered immediately after birth and has the right to acquire a nationality. Convention on the Elimination of All Forms of Discrimination Against Women (Art 9(2)) States must ensure substantive equality between women and men, boys and girls. In relation to children, it requires that all girls have the same rights as boys to acquire, retain or change their nationality and are not directly or indirectly discriminated against in the enjoyment of their rights. Also establishes that women shall have equal rights than men to transmit their nationality to their children. 1961 Convention on the Reduction of Statelessness Outlines concrete safeguards that States must integrate within nationality legislation to ensure that children acquire a nationality in situations where they would otherwise be stateless, including: • Children born on the territory who do not acquire any other nationality at birth • Foundlings • Children born on a ship or aircraft. Includes safeguards preventing children from being rendered stateless as a result of loss or deprivation of nationality. 1954 Convention Relating to the Status of Stateless Persons Highlights the obligation of States to protect migrant stateless children and their rights as well as support them to acquire a nationality through naturalisation as soon as possible. UNHCR Handbook on Protection of Stateless Persons Under the 1954 Convention Relating to the Status of Stateless Persons Establishes that (i) States must follow the principle of pursuing the best interests of the child when considering the nationality status and need for statelessness protection of children (ii) States should include procedural and evidentiary safeguards for children within statelessness determination procedures (iii) children should not be detained in any circumstances. UNHCR 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 Statelessness Recommends special procedural considerations in statelessness determination procedures for unaccompanied children. Concludes that the UN Convention on the Rights of the Child requires States to grant nationality to children born on their territory who would otherwise be stateless either automatically or upon application shortly after birth. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality. Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration Emphasises that States should devote special attention to the protection of stateless children, and that the non-discrimination principle of the Convention on the Rights of the Child applies to all children in the context of international migration, regardless of their nationality, migration status or statelessness. Recommends that continuous and periodic training of child protection, migration and related officials on the rights of children, migrants and refugees and on statelessness, including intersectional discrimination, should be part of policy and practice to fulfil the rights of all children in international migration. 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 Emphasise that States are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he or she is born. Highlights that nationality laws should be applied in a non-discriminatory manner including with regard to residence status, to ensure that every child’s right to a nationality is respected, protected and fulfilled. Global Compact on Safe, Orderly and Regular Migration Objective 4 Commits to strengthen measures to reduce statelessness, including by registering migrants’ births, ensuring that women and men can equally confer their nationality to their children, and providing nationality to children born in another State’s territory, especially in situations where a child would otherwise be stateless, fully respecting the human right to a nationality and in accordance with national legislation. Global Compact on Refugees Establishes that States, UNHCR and other relevant stakeholders will contribute resources and expertise to support the sharing of good, gender-sensitive practices for the prevention and reduction of statelessness, and the development of, as appropriate, national and regional and international action plans to end statelessness, in line with relevant standards and initiatives, including UNHCR’s Campaign to End Statelessness. States that have not yet acceded to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness are encouraged to consider doing so.