Making Their Days Count
that may be required under art 1(2)(b) of the 1961 Convention.13 So this is an
important issue even for us as the Committee on the Rights of the Child that we
need to continue to emphasise. Clearly, when children are designated as having
‘undetermined nationality’, they should have access to all social services on equal
terms with citizen children. It is an absolutely critical issue that needs to be
complied with because the right to an adequate standard of living would also
depend on this.
Let me now progress to highlighting what we have done in the last 28 years in
terms of the jurisprudence that we have provided as the Committee on the Rights
of the Child. We have emphasised the need to ratify both the 1954 Convention
relating to the Status of Stateless Persons and the 1961 Convention.14 As a
Committee, we have serious concerns about some of the reservations that have
been entered into in relation to arts 7 and 22 of the CRC and art 9 of the CEDAW
but also a number of reservations that have been lodged in relation to the 1961
Convention.15 The prevention of statelessness among children born on the territory
has drawn the attention of the Committee on many occasions. In this respect,
questions have been raised as to whether the Committee prescribes universal jus
soli. The answer is ‘no we don’t!’ We are aware that that the drafters of the ICCPR
said that a state could not accept an unqualified obligation to give its nationality
to every child born on its territory, regardless of the circumstances. But when the
child would otherwise be stateless, as a Committee, we try to push the boundaries
in our conversations with states so that such a child would not be left stateless. Of
course, one of the keys to an effective implementation of the right to acquire
nationality is that a child is registered immediately after birth. In fact, the issue
about birth registration is pretty much our ‘bread and butter’. You have to be
counted in order to count, and, as a result, children have to be registered
immediately after birth.
The 1961 Convention does not require birth registration for the operation of its
provisions. But birth registration is a critical element that could help with the
acquisition, as well as proof, of nationality. It could help with establishing facts
about birth, such as the identity of parents and place and time of birth. We have
reviewed many countries that have unnecessarily cumbersome procedures for
birth registration or those that make it cumbersome because they argue that since
birth registration is proof of nationality, non-nationals cannot have their births
registered. The Committee does not hold the position that birth registration is proof
of nationality. But it is an important element of establishing nationality. In fact,
the importance of birth registration in every jurisdiction is one of the reasons why
we have it within the Sustainable Development Goals. Measures should be taken
to facilitate and/or expedite procedures for birth registrations that could, among
other things, assist with the acquisition of nationality. I have already emphasised
the point that children often do not have time and one year in the life of a child is
6% of his or her childhood.
Deprivation and loss of nationality is a topic with which we have continued to
engage, including in the context of the war on terror and a whole range of other
contexts. Here, art 8 of the CRC explicitly addresses the right to preserve a child’s
identity and we try to emphasise the point about the importance of this provision
13
14
15
ibid arts 1, 1(2)(b), 4.
Convention relating to the Status of Stateless Persons, opened for signature 28 September
1954, 360 UNTS 117 (entered into force 6 June 1960); 1961 Convention (n 4).
CRC (n 1) arts 7, 22; CEDAW (n 2) art 9.
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