F KHAN PER / PELJ 2020 (23) 4 In addition to the role of parents in the life of a child, there is also a direct link between children as bearers of rights and the state as a duty bearer. The state may intervene if the parents fail the child, but there are also instances when the state is the primary duty bearer.16 This relationship between the state and the child necessitates a thorough interrogation. Given the infinite role of the state in the lives of children and that all children are "in need of care",17 one must ask who is to blame for childhood statelessness? Is it the parents or is it the state? One way of answering these questions is to analyse the provisions on childhood nationality. Because the central component of a rights-based approach is accountability, holding states and parents accountable is of the utmost importance. In fact, the Committee on the Rights of the Child considers this accountability a legal obligation on states and parents.18 The principle of accountability provides the benchmark to assess the efforts of states to respond to the rights and needs of children and requires that states be answerable for their efforts to comply with their obligations.19 As duty-bearers, states are accountable to the bearers of rights. Pursuant to this principle, states have the duty to respect, protect and fulfil their obligations.20 This requires states to respect individuals and their rights. 21 As an example, states are required to provide stateless children with birth registration, as without it they remain vulnerable and can be subjected to abuse. The "duty to protect" requires states to take actions that are effective to implement their obligations and protect the bearers of rights.22 The "duty to fulfil", linked to the duty to protect, requires positive efforts on the part of states to enable "the actual realisation of the rights".23 South Africa has not ratified either of the two Conventions on statelessness, namely the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. However, it has ratified both the CRC and ACRWC, which are being used to establish the normative framework of this article. This article will therefore examine the laws necessary to access state care and protection for stateless children in South Africa. Attention will be drawn to South Africa as the custodian of children, as well as the courts as the upper guardian.24 This article will also evaluate 16 17 18 19 20 21 22 23 24 Sloth-Nielsen and Mezmur 2007 AHRLJ. Section 150 of the Children's Act 38 of 2005. General Comment No 5 para.6. See Tobin 2006 Int'l J Children's Rts; General Comment No 5 para 11. The African Commission on Human and Peoples' Rights also include the duty to promote. See SERAC v Nigeria (ACHPR) 2155/96 of 27 October 2001; Tobin 2006 Int'l J Children's Rts 283. SERAC v Nigeria (ACHPR) 2155/96 of 27 October 2001 para 45. SERAC v Nigeria (ACHPR) 2155/96 of 27 October 2001 para 46 SERAC v Nigeria (ACHPR) 2155/96 of 27 October 2001 para 47 Section 45 of the Children's Act 38 of 2005.