Subsequent to this reform, in 2012, the Russian Government passed additional
amendments to facilitate the naturalization of those who remained stateless despite
the earlier reforms. These amendments eliminated the requirement that applicants
provide proof of residence registration. In addition, the 2012 amendments extended
facilitated naturalization to former USSR citizens who acquired Russian Federation
passports that had been subsequently revoked due to a determination that the
passports were issued by administrative error.
Laws and practices that particularly affect children
As stipulated by both the ICCPR and the CRC, all children, regardless of where they were
born and the status of their parents, should be registered immediately at birth by the
authorities of the country of birth. All children have a right to acquire a nationality. The
nationality of a child will be determined according to the laws of the States involved; and
all States require clarification of where the child was born and to whom. Without proof
of birth, that is, without a recognized birth registration, it is difficult for a child to establish
their identity (including where he or she was born or who his or her parents are) and thus
to acquire a nationality.
To avoid this problem:
•
States should provide the necessary resources to the relevant local administration
to ensure that birth registration is systematically conducted in accordance with
Article 7 of the CRC and Article 24 of the ICCPR. Support from the international
community, particularly through UNICEF, should be requested if necessary.
•
When registering births, States should identify cases of disputed nationality
and should grant citizenship if the child would otherwise be stateless. Relevant
provisions of the 1961 Convention should be incorporated into national legislation
These provisions should be incorporated into domestic legislation even if the State
has not acceded to the 1961 Convention.
•
In particular, States should make provision for acquisition of nationality by children
born in their territory who would otherwise be stateless. This would prevent
statelessness where, for example, a child is unable to acquire the nationality of his
or her foreign parents.
In many countries, women are not permitted to pass their nationality on to their children.
This may lead to statelessness where the father is stateless, unknown or unable to pass
on his nationality to the child.
To avoid this problem:
•
According to the 1957 Convention on the Nationality of Married Women and the
CEDAW, women are to have equal rights with men concerning the nationality of
their children. Applying these principles in domestic nationality laws will avoid both
discrimination against women and the possibility that children will be left stateless.
•
States should include provisions on non‑discrimination on the grounds of sex in
their national citizenship laws.
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