which a child has a link, e.g. by parentage. In the context of State succession, predecessor and successor States may also have obligations. 6. States parties to the CRC that are also parties to the American Convention on Human Rights or the African Charter on the Rights and Welfare of the Child have an explicit obligation to grant nationality automatically at birth to children born in their territory who would otherwise be stateless. Impact of gender equality norms on provisions of the 1961 Convention 7. The principle of gender equality enshrined in the ICCPR and CEDAW must be taken into account when interpreting the 1961 Convention. In particular, CEDAW Article 9(2) guarantees that women shall enjoy equality with men in their ability to confer nationality on their children. 8. Prior to adoption of the ICCPR (1966) and CEDAW (1979), many nationality laws discriminated on the basis of gender. The 1961 Convention acknowledges that statelessness can arise from conflicts of laws in cases of children born to parents of mixed nationalities, whether in or out of wedlock, on account of provisions in nationality laws that limit the right of women to transmit nationality. Article 1(3) of the 1961 Convention therefore articulates a safeguard requiring States to grant nationality to children who would otherwise be stateless born to mothers who are nationals. 9. Today, most Contracting States to the 1961 Convention have introduced gender equality in their nationality laws as prescribed by the ICCPR and CEDAW, giving the Article 1(3) safeguard limited importance. This safeguard remains relevant in States where women are still treated less favourably than men in their ability to transmit nationality to their children. Although Article 1(3) of the 1961 Convention only addresses the situation of equality for mothers, in light of the principle of equality set out in the ICCPR and CEDAW, children born in the territory of a Contracting State to fathers who are nationals should also acquire the nationality of that State at birth, if they otherwise would be stateless. When is a Person “Otherwise Stateless”? Definition of “stateless” for the 1961 Convention 10. Articles 1 and 4 of the 1961 Convention only require States to grant their nationality to persons who would “otherwise be stateless”. The Convention, however, does not define the term “stateless”. Rather, Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons (1954 Convention), establishes the international definition of a “stateless person” as a person “who is not considered as a national by any State under the operation of its law”. This definition, according to the International Law Commission, is now part of customary international law and is relevant for determining the scope of application of “otherwise stateless” under the 1961 Convention. 3