CRC
CONVENTION
ON THE RIGHTS
OF THE CHILD
Deborah has been going to school since she was six
years old. But in two years, when she starts Year 6,
she will have to present a birth certificate. If she does
not obtain identity documents before then, she will no
longer be able to go to school. © UNHCR/Arnaud Froger
Quick Reference Guide
STATELESSNESS AND HUMAN RIGHTS TREATIES
This reference guide highlights key international human
rights provisions found in the CRC that are directly
relevant to preventing and reducing statelessness
and protecting stateless persons. It is addressed to all
stakeholders who may wish to use this international
human rights instrument to improve the enjoyment of
human rights by stateless persons and to resolve the
problem, thereby helping to meet the goals of the
#IBelong Campaign to End Statelessness.
Prevention and Reduction of
Statelessness and Protection of
Stateless Persons
Article 7 (1):
“The child shall be registered immediately after birth and
shall have the right from birth to a name, the right to acquire
a nationality…”
A stateless person is someone “who is not considered
as a national by any State under the operation of its
law,” according to the 1954 Convention Relating to the
Status of Stateless Persons. The CRC has the most States
parties of any human rights treaty and has achieved
near universal ratification. It addresses statelessness
through its provisions on non-discrimination (Article 2),
the right of every child to acquire a nationality and to be
registered at birth (Article 7), and the right of every child
to preserve his or her identity (Article 8).
Lack of any nationality has a profound impact on the ability of
children to enjoy their basic rights, including rights to education, healthcare and freedom of movement. One of the most
important safeguards to prevent statelessness is to ensure
that nationality laws allow children born in the territory of
a State to acquire the nationality of that State if they would
otherwise be stateless. At least 29% of all States have no provision in their nationality laws to grant nationality to stateless
children born on their territory or of unknown origin found on
their territory (foundlings).
A number of General Comments (GC) of the Committee
on the Rights of the Child (Committee) help to inform
the meaning of these provisions when using them to
address statelessness. In addition, the Committee
has consistently recommended in its Concluding
Observations that States parties review their legislation
to ensure that nationality is granted to all children who
are stateless or at risk of being stateless.
Birth registration is key to preventing statelessness. Birth
registration proves where a person was born and who their
parents are – key pieces of information needed to establish
which country or countries nationality a child should acquire.
Laws that prevent children from acquiring nationality on an
equal basis from either parent due to gender discrimination
are also a major cause of childhood statelessness – see Article
2 below.