How does human rights law ensure the right to a nationality?
Various other international legal instruments address the right to a nationality. Article 15
of the UDHR provides that everyone has the right to a nationality and that no one shall be
arbitrarily deprived of his nationality.
The right of every child to acquire a nationality was subsequently set out in the
1966 International Covenant on Civil and Political Rights (ICCPR). Article 24 states that:
“Every child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth the right to such
measures of protection as are required by his status as a minor, on the part of his
family, society and State.”
“Every child shall be registered immediately after birth and shall have a name.”
��Every child has the right to acquire a nationality.”
Article 26 of the ICCPR also sets out a non‑discrimination clause which applies very
broadly, including to nationality legislation and how it is implemented:
“All persons are equal before the law and are entitled without any discrimination
to the equal protection of the law. In this respect, the law shall prohibit any
discrimination and guarantee to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.”
The 1965 Convention on the Elimination of All Forms of Racial Discrimination (CERD)
obliges States to “guarantee the right of everyone, without distinction as to race, colour,
or national or ethnic origin, to equality before the law,” particularly in the enjoyment of
several fundamental human rights, including the right to nationality (Article 5).
Article 9 of the 1979 Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) addresses a major cause of statelessness – discrimination against
women in nationality laws – stating that:
“States Parties shall grant women equal rights with men to acquire, change or
retain their nationality. They shall ensure in particular that neither marriage to an
alien nor change of nationality by the husband during marriage shall automatically
change the nationality of the wife, render her stateless or force upon her the
nationality of the husband.”
“States Parties shall grant women equal rights with men with respect to the
nationality of their children.”
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