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 After an unsuccessful, year-long investigation, her temporary residence permit was revoked, and her status changed to ‘illegal alien [sic]’.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’).

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