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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