Birth Registration and Consular Assistance in Egypt and Morocco
11
Legal and Policy Framework
International Law
The right of every person to a nationality14 has been part of international human rights
law since the 1948 Universal Declaration of Human Rights.15 However, the question of
which particular state has the obligation to recognise the nationality of any child or adult
is a vexed one. The basic principle of international law remains the rule established by
the Hague Convention of 1930 that it is for each state to determine who are its nationals.16
Some limits on state discretion have been set, including the rule recognised by the Hague
Convention that children of unknown parents found in a country (‘foundlings’) should
be presumed to be nationals; and the protection, less widely accepted but established by
both the 1961 Convention on the Reduction of Statelessness and the 1990 African Charter
on the Rights and Welfare of the Child, that a child who is otherwise stateless shall acquire
the nationality of the state where he or she is born.17 Gender discrimination in transmission of nationality to children is prohibited by the Convention on the Elimination of All
Forms of Discrimination against Women, and increasingly rare.18 But there is no general
requirement in international law to recognise birth in a territory as a basis for acquisition
of nationality, nor to recognise the nationality of children born to nationals outside the
country of the parent’s nationality, especially over many generations.
The right to birth registration is protected by the same treaties, and there is extensive
guidance from UNICEF and others on the importance of this protection and the steps to
achieve universal coverage.19 International law also protects the right of every person to
recognition as a person before the law, regardless of the documents held or immigration
This paper uses ‘nationality’ and ‘citizenship’ as synonyms. Nationality is the term most often used
in international law, while different national legal systems vary in their usage of (the equivalents of )
either term.
15
Universal Declaration of Human Rights, Article 15; International Covenant on Civil and Political
Rights, Article 24(3); Convention on the Rights of the Child, Article 7. These obligations are also provided for in the African Charter on the Rights and Welfare of the Child, Article 6; and were supported
by the Arab Declaration on Belonging and Legal Identity, adopted by ministers of the League of Arab
States, 28 February 2018.
16
Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930; see Paul Weis,
Nationality and Statelessness in International Law, 2nd ed. (Leiden: Brill, 1979); Ruth Donner, The Regulation of Nationality in International Law (Irvington-on-Hudson, NY: Transnational Publishers Inc., 1994);
René de Groot and Olivier W Vonk, International Standards on Nationality Law: Texts, Cases and Materials
(Oisterwijk, The Netherlands: Wolf Legal Publishers, 2015).
17
UNHCR, ‘Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness’, December 2012, available
at https://www.refworld.org/docid/50d460c72.html; ACERWC, ‘General Comment on Article 6: Name
and nationality’, April 2014, available at https://acerwc.africa/general-comments/
18
UNHCR, ‘Background Note on Gender Equality, Nationality Laws and Statelessness’, 2019.
19
UNICEF, ‘Every Child’s Birth Right: Inequities and Trends in Birth Registration’, December 2013;
UNICEF, ‘A Passport to Protection: A Guide to Birth Registration Programming’, December 2013; UN
Department of Economic and Social Affairs Statistics Division, ‘Principles and Recommendations for a
Vital Statistics System (Revision 3)’, 2014.
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents