1961 CONVENTION ANNIVERSARY SYMPOSIUM MAKING THEIR DAYS COUNT: THE 1961 CONVENTION ON THE REDUCTION OF STATELESSNESS AND THE CONVENTION ON THE RIGHTS OF THE CHILD BENYAM DAWIT MEZMUR* The Convention on the Rights of the Child (‘CRC’) is definitely informed by many documents — binding and non-binding — that actually predate it. Of course, these include the International Covenant on Civil and Political Rights (‘ICCPR’),1 the International Covenant on Economic, Social and Cultural Rights, the Universal Declaration of Human Rights and the Convention on the Elimination of Discrimination Against Women (‘CEDAW’).2 There are also instruments that are not per se ‘human rights instruments’ but that actually inform the CRC. For example, the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption can be mentioned.3 Now, one would be hard pressed to find many binding instruments that have had as much influence and predates the CRC by 28 years or more than the Convention on the Reduction of Statelessness (‘1961 Convention’).4 When the CRC was being drafted, there was already understanding of the added value that the 1961 Convention would bring on board. In fact, if you go and look at the travaux préparatoires, Germany, for example, as early as 1981, said that there was a reluctance by member states of the United Nations to meet the minimum requirements imposed by the rules of the 1961 Convention. This is shown by the small number of states that had accepted the instrument, but still urged the members of the United Nations to accept the 1961 Convention or to take into account the principles in their internal law. There was even a recommendation that this very Convention could be specifically mentioned under art 7 of the CRC.5 These were discussions that were raised by countries such as Malawi, Russia and * 1 2 3 4 5 Eleanor Roosevelt Fellow, Human Rights Program, Harvard Law School; Professor of Law, University of the Western Cape, <benyam.mezmur@gmail.com>. I am a member of the UN Committee on the Rights of the Child; however, this comment is not made on behalf of the Committee. Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) (‘CRC’). International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976); International Covenant of Economic, Social and Cultural Rights, opened for signature 19 December 1966, 993 UNTS 3 (entered into force 3 January 1976); Universal Declaration of Human Rights, UNGA Res 217A (III) (10 December 1948); Convention on the Elimination of All Forms of Discrimination against Women, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981) (‘CEDAW’). Hague Convention on the Civil Aspects of International Child Abduction, opened for signature 20 November 1989, HCCH 28 (entered into force 2 September 1990); Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, opened for signature 29 May 1993, HCCH 33 (entered into force 1 May 1995). Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989 UNTS 175 (entered into force 13 December 1975) (‘1961 Convention’). CRC (n 1) art 7.

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