10 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN MALTA
2. LAW AND POLICY CONTEXT
2.1 INTERNATIONAL AND REGIONAL
OBLIGATIONS PERTAINING TO
STATELESSNESS AND DETENTION
The right to a nationality is enshrined as an inalienable
right in Article 15 of the Universal Declaration of Human
Rights. Malta is party to several Conventions protecting
against discrimination in the context of nationality, such
as the International Convention on the Elimination of All
Forms of Racial Discrimination (CERD)16 that reiterates
the right to a nationality and condemns discrimination
against any nationality in case of naturalisation or
citizenship; the International Covenant on Civil and
Political Rights (ICCPR);17 and the 1989 Convention on
the Rights of the Child (CRC).18 The latter two
instruments both stipulate that every child has the right
to acquire a nationality.
However, Malta has failed to fulfil its obligations under
the CRC and ICCPR, causing the UN Committee on the
Rights of the Child, in its 2013 Concluding Observations
on Malta19 to urge “the State party to ensure that all children
born in its territory are registered at birth, regardless of the
status of their parents, with particular attention to children in
single-parent families and/or irregular migration situations.
Furthermore, the Committee urges the State party to ensure
that a child born in the State party to parents who are
foreigners, but unable to pass on their nationality, or to
parents who themselves are stateless or whose nationality is
unknown, is granted citizenship”.
Malta is also party to the Convention on the Elimination
of All Forms of Discrimination against Women
(CEDAW)20 that prohibits discrimination against women
in relation to acquiring, retaining and passing on their
nationality; and the Convention on the Rights of Persons
with Disabilities (CRPD),21 which protects people with
disabilities from being discriminated against in relation to
acquiring a nationality.
Malta also acceded to the 1930 Convention on Certain
Questions Relating to the Conflict of National Laws and
its 1966 protocol, and submitted reservations on a
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