3. The legal frameworks
and their implementation
in practice
This section examines the applicable
international
and
national
legal
frameworks of relevance to the regulation
of citizenship. It also looks into the
framework for civil registration, which is
often key to obtaining proof of identity
and important life events necessary for the
acquisition of Cambodian nationality.
5
3.1. International legal
frameworks
ratified numerous international human
rights treaties which impose certain
obligations with regards to nationality
and/or birth registration and has ratified
most of the core international human
rights treaties, as well as the 1951 Refugee
Convention. These treaties form part of
the national law of Cambodia through the
Constitution of the Kingdom of Cambodia
(under Article 31, which guarantees
human rights) and related constitutional
decisions.
Article 15 of the 1948 Universal Declaration
on Human Rights enshrines the universal
norm that ‘everyone has a right to a
nationality’. A consequence of this right
is the increasing international attention
to addressing the status of those who are
stateless. Cambodia is not party to either
of the two statelessness conventions. It has
neither ratified the 1954 Convention, which
establishes the legal definition of a stateless
persons and sets out minimum standards
of treatment for stateless persons, nor
the 1961 Convention on the Reduction of
Statelessness (‘1961 Convention’), which
aims to prevent statelessness and reduce
it over time, including by requiring states
to establish certain safeguards in their
nationality laws. However, Cambodia has
For instance, Cambodia has ratified the
Convention on the Elimination of all
Forms of Discrimination Against Women
(CEDAW) and the Convention on the
Rights of the Child (CRC), which are widely
ratified in the region and globally. These
treaties contain important obligations
pertinent to the prevention of statelessness.
Article 9(1) of CEDAW obligates state
parties to ‘grant women equal rights
with men to acquire, change or retain
their nationality’ and therefore requires
them to ensure that ‘neither marriage
to an alien nor change of nationality
by the husband during marriage shall
automatically change the nationality of
the wife, render her stateless or force upon
her the nationality of the husband.’ In
addition, Article 9(2) of CEDAW obligates