operation with other States.172 The States that are
parties to the 1961 Convention on the Reduction
of Statelessness are required to provide a nationality to children born in their territories if they
otherwise would be stateless.173 Significantly, the
1961 Convention on the Reduction of Statelessness, and also the Committee on the Rights of
the Child in its recommendations, also refer to
the obligation of the state of nationality of the
parents to confer nationality on a child born
Example from the Philippines—
Action plan to end statelessness
The Government of the Philippines
launched the National Action Plan to End
Statelessness on 24 November 2017 with the
following action points: (1) resolve existing
cases of statelessness, (2) ensure that no
child is born stateless, (3) remove gender
discrimination from nationality laws, (3)
grant protection status and facilitate the
naturalization of refugees and stateless
persons, (4) ensure birth registration for the
prevention of statelessness, (5) accede to
the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention
on the Reduction of Statelessness and (6)
improve quantitative and qualitative data on
stateless populations. The Action Plan was
developed to implement the Global Action
Plan to End Statelessness 2014-2024, spearheaded by UNHCR. Available at www.unhcr.
org/ibelong/global-action-plan-2014-2024/
172 Human Rights Committee, general comment No. 17
(1989) on the rights of the child (article 24), para 8.
173 Convention on the Reduction of Statelessness (1961),
art. 1; see also joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families No. 23 (2017) of the Committee
on the Rights of the Child, para. 26.
44.
abroad if he/she would otherwise be stateless.174
96.
In seeking to prevent statelessness, States
must carefully consider any circumstances that might
present a challenge to a child’s ability to procure birth
registration. A child born to a foreign national prisoner
or detainee may require particular attention, as the
mother may not have knowledge of or access to the
procedures required to register the child.175 When a
child’s identity documents have been acquired in a
non-traditional or unlawful manner, States should
consider the best interests of the child as a
guiding principle and adopt flexible measures to
ensure that legitimate documents are procured for each
child.176 For example, flexible measures are required
concerning many of the approximately 30,000
children who were born in the areas controlled by ISIL
in Iraq and Syria. They may be at risk of statelessness
because they possess only ISIL-issued birth
certificates unrecognized by any State’s Government.
Such certificates may be used to establish the date of
birth and the parent–child relationship. Notably, the
Security Council has also stressed the significance of
ensuring universal birth registration, including late
birth registration, which should remain an exception.177
174 The 1961 Convention on the Reduction of Statelessness,
art. 4; Committee on the Rights of the Child, concluding observations: Haiti (2016) (CRC/C/HTI/CO/2-3), para. 26; Committee
on the Rights of the Child, concluding observations: Canada
(2012)(CRC/C/CAN/CO/3-4), para. 40; Committee on the Rights
of the Child, concluding observations: Cuba (2011)(CRC/C/CUB/
CO/2), para. 30-31.
175 A/HRC/25/28, para. 28.
176 Joint general comment No. 4 (2017) of the Committee on
the Protection of the Rights of All Migrant Workers and Members of Their Families No. 23 (2017) of the Committee on the
Rights of the Child, para. 22.
177 Security Council resolution 2427 (2018) para. 25.