CCPR/C/130/D/2918/2016 with article 24, to be distinct from examination of the violation of the author’s rights under article 24 of the Covenant. The Committee therefore considers that the author’s claims in this regard are incompatible with article 2 of the Covenant, and inadmissible under article 3 of the Optional Protocol. 7.5 In the Committee’s view, the author has sufficiently substantiated, for the purposes of admissibility, his claims under article 24 (3), read alone and in conjunction with article 2 (3), and therefore proceeds with its consideration of the merits. Consideration of the merits 8.1 The Committee has considered the communication in the light of all the information submitted to it by the parties, in accordance with article 5 (1) of the Optional Protocol. 8.2 The Committee recalls that, under article 24, every child has a right to special measures of protection because of her or his status as a minor. 15 It also recalls that the principle that the child’s best interests shall be a primary consideration in all decisions affecting her or him forms an integral part of every child’s right to measures of protection, as required under article 24 (1).16 The Committee recalls its general comment No. 17 (1989), in which it noted that while the purpose of article 24 (3) of the Covenant was to prevent a child from being afforded less protection by society and the State because he or she was stateless, this did not necessarily make it an obligation for States to give their nationality to every child born in their territory.17 However, in the same general comment the Committee further notes 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. In this connection, no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents”.18 8.3 The Committee notes that in the UNHCR Guidelines on Statelessness No. 4 (“Ensuring every child’s right to acquire a nationality through articles 1–4 of the 1961 Convention on the Reduction of Statelessness”) – a Convention to which the Netherlands is a party – it is stated that “a contracting State must accept that a person is not a national of a particular State if the authorities of that State refuse to recognize that person as a national. A State can refuse to recognize a person as a national either by explicitly stating that he or she is not a national or by failing to respond to inquiries to confirm an individual as a national”.19 The Committee also notes that the above-mentioned guidelines further advise that because of the difficulties that often arise when determining whether an individual has acquired a nationality, the burden of proof must be shared between the claimant and the authorities of the contracting State to obtain evidence and to establish the facts as to whether an individual would otherwise be stateless. 20 The Committee further notes that as to the use of “undetermined nationality” as a civil status, the guidelines advise that “States need to determine whether a child would otherwise be stateless as soon as possible so as not to prolong a child’s status of undetermined nationality. For the application of articles 1 and 4 of the 1961 Convention, it is appropriate that such a period not exceed five years. While designated as being of undetermined nationality, these children are to enjoy human rights (such as health and education) on equal terms as children who are citizens.”21 8.4 The Committee further recalls its concluding observations on the State party’s fifth periodic report, in which it expressed concern over reports that draft legislation establishing 15 16 17 18 19 20 21 GE.21-00755 Human Rights Committee, general comment No. 17 (1989), para. 4; and Mónaco de Gallicchio v. Argentina (CCPR/C/53/D/400/1990), para. 10.5. Bakhtiyari and Bakhtiyari v. Australia (CCPR/C/79/D/1069/2002), para. 9.7. See para. 8. Ibid. See para. 19. See also the UNHCR Guidelines on Statelessness No. 5 (“Loss and deprivation of nationality under articles 5–9 of the 1961 Convention on the Reduction of Statelessness”), paras. 86– 90. UNHCR Guidelines on Statelessness No. 4, para. 20. Ibid., para. 22. 7