A/HRC/25/28
States. Nevertheless, this safeguard often stops short of guaranteeing a nationality to all
children born on the territory who would otherwise be stateless. For instance, some laws
only provide for the acquisition of nationality for children born on the territory to stateless
parents, failing to recognize that a child may also be left stateless by a conflict of
nationality laws even when his or her parents possess a nationality. Some States prescribe
supplemental conditions that must be met for the otherwise stateless child to acquire
nationality.62 The specific circumstances of the child’s birth may also present a challenge to
the implementation of relevant national regulations — such as where the child is born to a
foreign national woman prisoner or detainee, who may not have knowledge of or access to
relevant procedures to secure a nationality for her child.63 To what extent are children able,
in practice, to access the nationality of the country in which they are born, if they would
otherwise be stateless remains an understudied question.64 Only three States submitted
statistical information with regard to the implementation of this safeguard for otherwise
stateless children born in their territory,65 most indicating in their submissions that such
data was unavailable.
B.
Child born to a national abroad, who would otherwise be stateless
29.
A second and complementary safeguard recognized under international law is the
conferral of nationality to a child born to a national abroad, who would otherwise be
stateless.66 This is relevant in those countries that place restrictions on the jus sanguinis
conferral of nationality for particular categories of children born abroad. Today, however,
many States allow nationality to be passed from parent to child, regardless of the place or
other circumstances of the birth of that child. Nevertheless, over 25 countries restrict the
right of women to pass their nationality to their children on equal terms with men, thereby
limiting the jus sanguinis conferral of nationality to the paternal bloodline only.67 In this
context, the aforementioned safeguard remains highly relevant, although in many of the
countries in question, such a safeguard is not in place or does not encompass all children
who would otherwise be stateless.68 It also remains an important safeguard in those
countries which continue to favour jus soli conferral of nationality.69 No statistics were
provided in the submissions with regard to the implementation of rules allowing for
acquisition of nationality by a child born to a national abroad, who would otherwise be
stateless.
C.
Foundlings
30.
International law has long guaranteed the acquisition of nationality by foundlings.70
This safeguard for the avoidance of childhood statelessness is extremely prevalent in
62
63
64
65
66
67
68
69
70
Submission from Latvian Human Rights Committee.
Submission from Quaker United Nations Office.
Submission from Statelessness Programme (Tilburg University).
Submissions from Serbia, Denmark and Hungary.
Under the 1961 Convention and as a principle stemming from human rights standards relating to the
child’s right to a nationality.
This issue is covered in detail in A/HRC/23/23. See also UNHCR, Revised Background Note on
Gender Equality, Nationality Laws and Statelessness, 8 March 2013.
Submission from Statelessness Programme (Tilburg University).
Principally in several countries in the Americas where jus sanguinis conferral of nationality to
children born abroad is contingent on the child taking up residence in the country concerned.
See 1930 Hague Convention on Certain Questions relating to the Conflict of Nationality Laws; 1961
Convention on the Reduction of Statelessness; 2005 Covenant on the Rights of the Child in Islam.
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