4 REDUCTION AND PREVENTION OF STATELESSNESS 4.1 Introduction The 1961 Convention is the leading international instrument that provides rules for the conferral and nonwithdrawal of citizenship to prevent cases of statelessness from arising. By setting out rules to limit the occurrence of statelessness, the Convention gives effect to Article 15 of the Universal Declaration of Human Rights, which affirms that “everyone has the right to a nationality.” Underlying in the 1961 Convention is the notion that, while States maintain the power to elaborate the content of their nationality laws, they must do so in compliance with international norms relating to nationality, including the principle that statelessness should be avoided. By adopting the 1961 Convention safeguards that prevent statelessness, States contribute to the reduction of statelessness over time. The Convention seeks to balance the rights of individuals with the interests of States by establishing general rules for the prevention of statelessness, while simultaneously allowing some exceptions to those rules. A central focus of the Convention is the prevention of statelessness at birth by requiring States to grant citizenship to persons born on their territory, or born to their nationals abroad, who would otherwise be stateless. To prevent statelessness in such cases, States must grant nationality to children either automatically at birth or subsequently upon application. States must also ensure that foundlings and persons born on a ship or aircraft acquire a nationality. The Convention further seeks to prevent statelessness later in life by prohibiting the withdrawal of citizenship from States’ nationals – through either loss, renunciation, or deprivation of nationality – when doing so would result in statelessness. The 1961 Convention further seeks to prevent statelessness upon a change in civil status. This is complemented by Article 9 of CEDAW, which grants women equal rights with men to acquire, change, or retain nationality, in particular in the context of marriage. The safeguards of the 1961 Convention are triggered only where statelessness would otherwise arise and for individuals who have some link with a country. These standards serve to avoid nationality problems, which might arise between States. The provisions of the 1961 Convention must be read and interpreted in light of developments in international law, in particular international human rights law. Relevant instruments include the ICCPR, CEDAW and the CRC, which is of paramount importance in determining the scope of the 1961 Convention obligations to prevent statelessness among children. Article 7 of the CRC sets out that every child has the right to acquire a nationality. The drafters of the CRC saw a clear link between this right and the 1961 Convention and therefore specified in Article 7(2) of the CRC that “States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.”220 Regional instruments, such as the 1997 European Convention on Nationality and the 2006 Convention on the Avoidance of Statelessness in Relation to State Succession, are also relevant for the prevention and reduction of statelessness. 220 58 UNHCR Guidelines No. 4, para 10, available at: http://www.re. Mapping Statelessness in Denmark