CChapter 3: Comparative analysis of nationality laws
human rights instruments that are widely ratified in
the MENA region, among which is the Convention on
the Rights of the Child, as well as in relevant regional
treaties.116 Article 7 of the Covenant on the Rights of
the Child in Islam, for instance, determines that:
A child shall, from birth, have the right to […]
have his nationality determined; States parties
shall […] make every effort to resolve the issue of
statelessness for any child born on their territories or
to any of their citizens outside their territory.
These international standards demand that, regardless
of the regular rules in place, states include within their
legislation the necessary legal safeguards to prevent
childhood statelessness. In practice and as indicated
in the provision cited above, such safeguards should
include both jus soli and jus sanguinis elements, as
needed, to ensure that any child who is connected
to a state by birthplace or parentage is not rendered
stateless. Thus, for example, while a state may choose
to generally confer nationality by way of jus sanguinis,
116 - Article 7 of the Convention on the Rights of the Child protects every
child’s right to acquire a nationality – it has been ratified by all MENA states.
Article 24 of the International Covenant on Civil and Political Rights has a similar
provision, as does article 6(3) of the African Charter on the Rights and Welfare
of the Child, relevant for a number of countries in the MENA region. Note that
this latter instrument also goes on to determine that “States Parties to the present
Charter shall undertake to ensure that their Constitutional legislation recognize
the principles according to which a child shall acquire the nationality of the
State in the territory of which he has been born if, at the time of the child’s birth.
he is not granted nationality by any other State in accordance with its laws”.
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