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.