the principle that every child has the right to be registered at birth, a right
also enshrined by Article 7 of the CRC, and Article 24 of the ICCPR. Birth
registration is defined as is the continuous, permanent and universal
recording within the civil registry, of the occurrence and characteristics of
births in accordance with the legal requirements of a country.25 Registration
of a birth, which usually involves the issuing of a birth certificate, is one of the
primary means by which an individual may establish a connection to their
State of nationality. If a country primarily relies on jus sanguinis to establish
nationality, a birth certificate will provide proof of parentage, and where a
State relies on jus soli, it will provide proof of place of birth. Children are at
an increased risk of not being able to enjoy their right to nationality if their
births are not registered, and for this reason, provisions on birth registration
are included in this Regional Toolkit on Nationality Legislation.
Three sections of the toolkit are devoted to naturalization, which is the act
of investing a foreign person with the status of a national in a given state.
Naturalization as a result of marriage is the subject of international human
rights law, and also has an impact on the nationality of children and nonnational spouses. The provisions included in this Regional Toolkit on
Nationality Legislation ensure that women enjoy the same rights as men
in relation to any change in nationality as a result of marriage. A provision
on naturalization due to long-term residence in a country is also included,
highlighting the principle of non-discrimination. A crucial measure to reduce
statelessness is to facilitate the naturalization of stateless persons, and
therefore this Regional Toolkit on Nationality Legislation includes a provision
on naturalization where a person is found to be stateless.
State succession is the replacement of one State by another, and can
occur as a result of decolonization, unification, absorption, separation or
dismemberment of States. A provision on State succession is included in this
Regional Toolkit on Nationality Legislation, as the relatively rare occurrence
often gives rise to situations where the retention of nationality can be put
at risk if nationality regulation occurs in an inadequate or unorganized
manner. Provisions relating to the withdrawal of nationality are included in
this Regional Toolkit on Nationality Legislation. Withdrawal of nationality
is a general term encompassing both loss and deprivation of nationality.
Loss of nationality occurs where a person loses their nationality upon the
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