CASE NOTE
VIEWS ADOPTED BY THE UN HUMAN RIGHTS
COMMITTEE UNDER ARTICLE 5(4) OF THE OPTIONAL
PROTOCOL, CONCERNING COMMUNICATION
NO 2918/2016
RODOLFO RIBEIRO COUTINHO MARQUES*
TABLE OF CONTENTS
Introduction ........................................................................................................... 163
Facts ....................................................................................................................... 163
Issues ..................................................................................................................... 164
Holding .................................................................................................................. 165
Analysis ................................................................................................................. 165
Conclusion ............................................................................................................. 167
INTRODUCTION
In December 2021, the UN Human Rights Committee (‘HRC’) published its views
in a ground-breaking case (Communication No 2918/2016),1 finding that the
Netherlands had violated a child’s right to a nationality by registering them as
having ‘unknown nationality’ in their civil records. The HRC reasoned that, in so
doing, the Netherlands hindered the child’s access to international protection as a
stateless child. This was the first time that the HRC has ruled on the right of a child
to acquire a nationality under art 24(3) of the International Covenant on Civil and
Political Rights (‘ICCPR’).
FACTS
The case revolved around a petition by DZ, a child born in Utrecht in 2010 to a
Chinese mother. In 2004, she was trafficked to the Netherlands as a minor but
managed to escape her traffickers at the Schiphol Airport in Amsterdam. She then
applied for asylum, but her application was unsuccessful. In 2006, DZ’s mother
was forced into prostitution. Two years later, she broke out of her captivity and
reported the situation to the police, which gave her the right to a temporary status
while the investigation was undergoing. After an unsuccessful, year-long
investigation, her temporary residence permit was revoked, and her status changed
to ‘illegal alien [sic]’. Moreover, DZ’s biological father, who did not recognise
paternity, was not in contact with them or with DZ’s mother.
*
1
Teaching Assistant and PhD Candidate in International Law at the Graduate Institute of
International and Development Studies. I would like to thank Dr Katia Bianchini and
Professor Laura van Waas for their insightful feedback and comments. The usual caveats
apply. An earlier version of this case note was published on EJIL:Talk! as a blog post.
Human Rights Committee, Views Adopted by the Committee under Article 5(4) of the Optional
Protocol, Concerning Communication No 2918/2016, UN Doc CCPR/C/130/D/2918/2016
(20 January 2021) (‘Communication No 2918/2016’).