state parties to ‘grant women equal rights
with men with respect to the nationality
of their children.’ For the CRC, Article 7
affirms the right of every child to acquire
a nationality and thus requires states to
implement measures to ensure that no
child is left stateless.15 Article 7(1) requires
the child to be ‘registered immediately
after birth’ and to have the right from birth
to a name and to acquire a nationality.
Furthermore, Article 8(1) obligates state
parties to ‘undertake to respect the right
of the child to preserve his or her identity,
including nationality, name and family
relations as recognized by law without
unlawful interference.’
In addition, the International Covenant
on Civil and Political Rights (ICCPR),
also ratified by Cambodia, contains
important safeguards. Article 24(2)
provides that, ‘every child shall be
registered immediately after birth and
shall have a name’, and Article 24(3)
stipulates that ‘every child has the right to
acquire a nationality’. The Human Rights
Committee has articulated that Article
24 can be understood as an important
contribution
to
protection
against
statelessness. This provision enshrines the
universal right to a nationality as inspired
by the Universal Declaration of Human
Rights and equally articulated in the
2012 ASEAN Human Rights Declaration
under Article 18. Moreover, Article 26 of
the ICCPR guarantees equality before the
law ‘without any discrimination to the
equal protection of the law’, and explicitly
prohibits discrimination ‘on any ground
such as race, colour, sex, language, religion,
political or other opinion, national or social
origin, property, birth or other status’.
The non-discrimination principle is
further articulated specifically in relation
to nationality in the Convention on
the Elimination of all Forms of Racial
Discrimination (CERD), which provides
under Article 5 that ‘states parties
undertake to prohibit and to eliminate
racial discrimination in all its forms and to
guarantee the right of everyone, without
distinction as to race, colour, or national
or ethnic origin, to equality before the law,
notably in the enjoyment of the following
rights… (d)(iii) the right to nationality’.
The
CERD
Committee’s
general
recommendation 30 on discrimination
against non-citizens recommended states
to adopt measures to reduce statelessness,
in
particular
statelessness
among
16
children.
Based on these human rights treaty
obligations, and for the past 10 to 15 years
or so, the Human Rights Committee,
as well as the CEDAW, CRC and CERD
Committees have gradually taken up the
issue of statelessness in Cambodia by
expressing concern in relation to specific
issues and expanding their statelessnessrelated recommendations to Cambodia.
15 Institute on Statelessness and Inclusion (2018), ‘Statelessness & Human Rights: The Convention on the
Rights of the Child’. <https://files.institutesi.org/statelessness-and-CRC.pdf> (8 July 2024).
16 Committee on the Elimination of Racial Discrimination (2004) ‘General Recommendation 30 on
Discrimination against Non-Citizens’, UN Doc CERD/C/64/Misc.11/rev.3, para. 16.
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