YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
57
of his nationality.”54 The decision by states to recognize nationality as an
inalienable right represented a shift from the traditional conception of
nationality as a matter exclusively for state discretion. While the UDHR is
non-binding in character, it arguably changed the discourse around
nationality, and influenced the development of a number of influential and
widely ratified human rights treaties.
Often cited in this regard are the provisions of half a dozen major
human rights instruments consolidating norms of civil and political rights,
anti-discrimination protections, women’s rights, and children’s rights. First,
the International Covenant on Civil and Political Rights (ICCPR) codified
the UDHR protection for children, establishing in 1966 that “every child has
the right to acquire a nationality,”55 thereby recognizing the fundamental
importance of being a national in order to enjoy the protections of a state.
Notably, the Human Rights Committee has stated that “the rights set forth
in the Covenant apply to everyone . . . irrespective of his or her nationality
or statelessness.”56 A subsequent General Comment by the Human Rights
Committee provides that “States are required to adopt every appropriate
measure, both internally and in cooperation with other States, to ensure
that every child has a nationality when he is born.”57 These developments
are significant because the ICCPR is one of the most widely ratified human
rights treaties.58
Building on these children’s rights guarantees set forth in the UDHR
and the ICCPR, the Convention on the Rights of the Child (CRC)
guarantees a child’s right to acquire a nationality and includes an obligation
on states to utilize their laws in order to avoid statelessness among
children.59 Notably, like the ICCPR, the CRC enjoys near-universal
ratification.60 While the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families has far fewer
signatories, it is significant that it reiterates these protections for children
54. See Universal Declaration of Human Rights, supra note 8, art. 15.
55. International Covenant on Civil and Political Rights art. 24(3), opened for signature Dec.
16, 1966, 1916 U.S.T. 521, 999 U.N.T.S. 171 [hereinafter ICCPR].
56. Human Rights Comm., General Comment No. 15: The Position of Aliens Under the
ICCPR, 27th sess., ¶ 1 (1986).
57. Human Rights Comm., General Comment No. 17: Article 24 (Rights of the Child), ¶ 8
(1989). The Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) also requires states parties to ensure equality between men and women in terms of
conveying nationality to one’s children. See Convention on the Elimination of All Forms of
Discrimination Against Women art. 9(2), opened for signature Dec. 18, 1979, 1249 U.N.T.S. 13.
58. There are 169 states parties to the ICCPR. See U.N. Treaty Collection [UNTC],
Multilateral Treaties Deposited with the Secretary-General, Chapter IV: Human Rights, 4.
International
Covenant
on
Civil
and
Political
Rights,
https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-4.en.pdf
[https://perma.cc/XAG5-75GM].
59. Convention on the Rights of the Child art. 7, opened for signature Nov. 20, 1989, 1577
U.N.T.S. 3 [hereinafter CRC].
60. There are 196 states parties to the CRC. See UNTC, Multilateral Treaties Deposited with
the Secretary-General, Chapter IV: Human Rights, 11. Convention on the Rights of the Child,
https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-11.en.pdf
[https://perma.cc/82LG-K5HN].
Electronic copy available at: https://ssrn.com/abstract=3111529
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