Too old to be a ‘foundling’? – International standards and comparative analysis – B. UN Official Language Versions Further, some of the UN official-language versions of Article 2, as discussed in section III.D, use different terms that may cover different age ranges of children.112 Article 33 of VCLT sets out that when a comparison of the authentic texts discloses a difference of meaning, and the application of Articles 31 and 32 of VCLT does not resolve such a dispute, the meaning that best reconciles the texts, having regard to the object and purpose of the treaty, is to be adopted. It is to be noted here that the French version of the 1961 Convention uses ‘enfant (trouvé).’ The French term enfant according to Larousse Dictionary – apart from meaning a ‘son or daughter’ of a parent, or ‘boy or girl before adolescence’. However, it also means a minor in a legal sense, as per the equivalent term to the English word ‘child’ in the French version of CRC, which is defined in its Article 1 as a ‘human being below the age of eighteen years’ unless majority is attained earlier in accordance with domestic law. It can be said that, at least based on the ordinary meaning of the French term enfant, the age of a foundling in Article 2 of the 1961 Convention can be beyond newborn babies or young children. C. Travaux Préparatoires As stated in section III.B, during the travaux of the 1961 Convention, there was no particular discussion on the definition of a foundling per se, let alone the maximum age of a foundling. Nevertheless, it should be noted that throughout the records of drafting conference sessions where the foundling provision was discussed, the term ‘foundling’ or ‘child’ (‘enfant’ in French, in the context of the 1930 Convention travaux)113 was consistently used to refer to its beneficiary. Neither the term ‘infant’ nor a ‘baby’ was used.114 Notably, there is at least one mention by the representative of Israel indicating that Israel regarded minors (of unknown parents) as ‘foundlings’: In most countries represented at the Conference, foundlings in any case enjoyed government protection during their minority (emphasis added).115 Indeed, as mentioned in section IV.A, Israel’s nationality law before the adoption of the 1961 Convention had a foundling provision granting, while through discretionary naturalisation, nationality to a minor of unknown parents. No particular dissenting opinions were raised. Thus, it can be said that at least for some states during the travaux, the term ‘foundling’ encompassed a minor. 112 For more details see Kaneko-Iwase, sec 3.3.2. Nationality of Foundlings (n 2) 84-86. 113 POINT VII, League of Nations, Bases of Discussion Drawn up for the Conference by the Preparatory Committee, Volume I Nationality (Volume I-C.73.M.38.I929. V-BI-Geneva) (Conference for the Codification of International Law, May 1929) 61-67. 114 United Nations, Summary Records, UN Conference on the Elimination or Reduction of Future Statelessness, Geneva, 1959, 9th Plenary Meeting held on 15 April 1959, A/CONF.9/SR.9; 5th Plenary Meeting held on 31 March 1959, A/CONF.9/SR.5; and the 5th Meeting of the Committee of the Whole held on 3 April 1959, A/CONF.9/C.1/SR.5. 115 ibid, 5th Meeting of the Committee of the Whole held on 3 April 1959, A/CONF.9/C.1/SR.5 (3 April 1959) 8. European University Institute 26

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