Nationality and Cases of Statelessness in the Middle East and North Africa
they see fit. Rather, this sovereign right is limited in
particular cases where statelessness would otherwise
result, in the interest of the person concerned and of
the world community of states.28 Such limits exist at the
level of the United Nations – for instance, on the basis
of the right of every child to “acquire a nationality”
(Convention on the Rights of the Child, article 7), as
well as the prohibition of racial discrimination in the
enjoyment of nationality rights (Convention on the
Elimination of All Forms of Racial Discrimination, article
5diii) and the equal enjoyment of nationality rights by
persons with disabilities (Convention on the Rights of
Persons with Disabilities, article 18). Within the United
Nations framework, a dedicated instrument has also
been adopted to help states to guarantee the right
to a nationality and to avoid statelessness: the 1961
Convention on the Reduction of Statelessness. This
convention sets out concrete safeguards for states to
incorporate into their nationality laws, to ensure that
children who would otherwise be stateless are able
to acquire a nationality and that, as far as possible,
28 - That the avoidance of statelessness is in the interest of states is evident from
the effort that has been taken, since the era of the League of Nations, to agree
rules whereby conflicts of nationality laws resulting in statelessness are dealt
with. The existence of statelessness presents a challenge for the international
community, given certain key international functions of nationality, such as the
right to enter and reside in one’s state of nationality. As such, statelessness may
lead to issues relating to the territorial integrity of states, but may further impact
international relations where it contributes to tension, displacement or conflict.
30
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