European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria documentary proof of birth may create a risk of statelessness or arbitrary deprivation of nationality,201 States must remove legal and practical obstacles to birth registration 202 and establish effective and accessible registration systems 203 that are responsive to the specific circumstances of families.204 Finally, children must not be arbitrarily deprived of their nationality. Deprivation of nationality may be considered arbitrary and/or violate international law, especially when it results in statelessness205 and is discriminatory on any grounds.206 Consequently, States must ensure that effective and appropriate remedies are available to all persons whose right to a nationality has been violated, 207 including restoration of nationality and expedient provision of documentary proof of nationality. 208 Such remedies should be appropriately adapted so as to take account of the special vulnerability of certain categories of person, particularly children. 209 A child who has been illegally deprived of some or all elements of their identity must be provided with appropriate assistance and protection in order to speedily re-establish their identity.210 UNHCR, “Quick Reference Guide - Statelessness and Human Rights Treaties”, p. 2; UNHCR, “Nationality and Statelessness: Handbook for Parliamentarians N° 22”, July 2014, p. 37. 202 CMW and CommRC, “Joint General Comment No. 4 (2017) of the CMW and No. 23 (2017) of the CRC on State Obligations Regarding the Human Rights of Children in the Context of International Migration in Countries of Origin, Transit, Destination and Return”, CMW/C/GC/4-CRC/C/GC/23, 16 November 2017, pp. 20-22. 203 OHCHR, “Birth Registration and the Right of Everyone to Recognition Everywhere as A Person Before the Law”, 17 June 2014, A/HRC/27/22, paras .3-4; CommRC, “General Comment No. 11 (2009): Indigenous Children and their Rights Under the Convention on the Rights of the Child,” CRC/C/GC/11, 12 February 2009, para. 41. 204 CommRC, “General Comment No. 7 (2005): Implementing Child Rights in Early Childhood,” CRC/C/GC/7/Rev.1, 20 September 2006, para. 25. 205 1961 Convention on the Reduction of Statelessness, Article 8 (1); ECN, Article 7 (3). CRC, Article 3(1); European Charter, Article 24; 1961 Convention on the Reduction of Statelessness, Article 7 and 8. See also: Human Rights Council, “Human rights and arbitrary deprivation of nationality: Report of the Secretary-General”, 19 December 2013, A/HRC/25/28, para. 4; ECJ, “Rottmann v Freistaat Bayern”, Case C-135/08, ECR I-01449, 2010, para. 57; Carol A. Batchelor, “Transforming International Legal Principles into National Law: The Right to a Nationality and the Avoidance of Statelessness”, Refugee Survey Quarterly, Volume 25, Issue 3, 2006, pp. 8-25; Brad K. Blitz, “Statelessness, Protection and Equality”, Forced Migration Policy Briefing 3, Oxford Refugee Studies Centre, September 2009. 206 1961 Convention on the Reduction of Statelessness, Article 9. 207 UDHR, Articles 8 and 10; ICCPR, Articles 2(3) and 14(1). 208 HRComm, “General Comment No. 31 - The Nature of the General Legal Obligation Imposed on States Parties to the Covenant”, CCPR/C/21/Rev.1/Add.13, 26 May 2004, paras. 15-19; Human Rights Council, “The right to a nationality: women and children”, 16 July 2012, A/HRC/RES/20/4, para. 10. See also: OSJI/ISI, “Principles on Deprivation of Nationality as a Security Measure,” 2020, Principle 9.7.1. 209 HRComm, “General Comment No. 31 - The Nature of the General Legal Obligation Imposed on States Parties to the Covenant”, CCPR/C/21/Rev.1/Add.13, 26 May 2004, para. 15. 210 Article 8 (2) of CRC, and CRC, “General Comment No. 11 (2009): Indigenous children and their rights under the Convention [on the Rights of the Child],” 12 February 2009, CRC/C/GC/11, para. 45. 201 38

Select target paragraph3