A/HRC/23/23
women.5 There are also States that retain discriminatory nationality laws even if they have
not entered any reservation to the Convention.
12.
The International Covenant on Civil and Political Rights provides in its article 24.3
that “every child has the right to acquire a nationality”. Article 26 sets out the principle of
equality before the law.
13.
Article 7 of the Convention on the Rights of the Child provides that children “shall
be registered immediately after birth and shall have (…) the right to acquire a nationality”
from birth. It also mandates States to ensure the implementation of these rights in
accordance with their national law and international obligations, “in particular where the
child would otherwise be stateless”. According to its article 8, States are also obliged “to
respect the right of the child to preserve his or her identity, including nationality (…) as
recognized by law without unlawful interference.”
14.
Article 29 of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families specifies that children of a “migrant
worker shall have the right to a name, to registration of birth and to a nationality.”
15.
The Convention on the Rights of Persons with Disabilities provides in its article 18
that States should recognize the right of persons with disabilities, including children, “to a
nationality, on an equal basis with others, including by ensuring that…[ they] are not
deprived (…) of their ability to obtain, possess and utilize documentation of their
nationality”.
16.
Article 5 (d)iii of the International Convention on the Elimination of All Forms of
Racial Discrimination also addresses State obligations to eliminate racial discrimination in
nationality-related matters.
17.
Regional human rights treaties also recognize the right to a nationality: the InterAmerican Convention on the Nationality of Women, the American Convention on Human
Rights, the African Charter on the Rights and Welfare of the Child, the European
Convention on Nationality and the Commonwealth of Independent States Convention on
Human Rights and Fundamental Freedoms. Other regional instruments also have provisions
on equality with regard to nationality-related matters, even though they qualify this with
deference to domestic laws, which effectively nullifies women’s equality in countries with
discriminatory laws.6
18.
This human rights framework is complemented by two conventions specifically
dealing with the issue of statelessness. According to articles 1 and 4 of the Convention on
the Reduction of Statelessness, a contracting State “shall grant its nationality to a person
born in its territory” or born to one of its nationals abroad in a non-State party “who would
otherwise be stateless”.7 Its article 5 provides that “if the law of a contracting State entails
loss of nationality as a consequence of any change in the personal status of a person such as
marriage, termination of marriage (…,) such loss shall be conditional upon possession or
acquisition of another nationality”. Article 32 of the Convention relating to the Status of
Stateless Persons provides that the States “shall as far as possible facilitate the assimilation
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7
As at 5 February 2013, 17 of 187 States maintained their reservation to article 9 of the Convention:
see http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV8&chapter=4&lang=en#2.
On the nationality of children, see the Protocol on the Rights of Women in Africa, art. 6 (h), and the
Arab Charter on Human Rights, art. 29.2.
See the UNHCR Guidelines on Statelessness No.4 (HCR/GS/12/04) (available from
www.unhcr.org/refworld/docid/50d460c72.html), para. 2.
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