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.

Select target paragraph3