F KHAN
PER / PELJ 2020 (23)
Exploring Childhood
Statelessness
in South Africa
1
F Khan*
Online ISSN
1727-3781
Abstract
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Author
Fatima Khan
Affiliation
University of Cape Town
South Africa
Email fatima.khan@uct.ac.za
Date Submission
29 May 2019
Date Revised
5 March 2020
Date Accepted
5 March 2020
Date published
4 May 2020
Editor Dr G Viljoen
The United Nations High Commissioner for Refugees set a
10-year timeline in 2014 to prevent childhood statelessness and
believes this is possible if the following four steps are taken.
First, it urges all states to allow children who would otherwise be
stateless to gain nationality in the country where they are born.
Secondly, it urges states to reform citizenship laws that
discriminate on the ground of gender, so that mothers are able
to pass nationality on to their children on an equal basis as
fathers. Thirdly, it calls for the elimination of laws and practices
that deny children nationality because of their ethnicity, race, or
religion. Lastly, and most importantly, it calls on states to ensure
universal birth registration to prevent statelessness. The specific
focus of this article will be to examine the risk of childhood
statelessness in South Africa. It will begin by providing an
explanation of statelessness, followed by the causes and
consequences of statelessness. It will briefly comment on the
two Statelessness Conventions and examine the extent to which
the right to nationality in international human rights laws can
protect the stateless child. South Africa has not ratified either of
the two Conventions on statelessness, but it believes its
citizenship laws are sufficient to prevent childhood
statelessness. This article aims to interrogate whether South
Africa's laws can protect children at risk of being born stateless
and provide adequate solutions to this problem. Through this
analysis, the four steps identified by the UNHCR to prevent
statelessness will be tested against South African law. This
article utilises a child-centred approach, viewing children as
beings with rights and not merely as objects of protection, as
with the State-centred approach.
How to cite this article
Khan F "Exploring Childhood
Statelessness in South Africa" PER
/ PELJ 2020(23) - DOI
http://dx.doi.org/10.17159/17273781/2020/v23i0a6414
Copyright
DOI
http://dx.doi.org/10.17159/17273781/2020/v23i0a6414
Keywords
Children; statelessness; birth registration; doctrinal and juridical
approaches in South Africa.
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