MKAH v Switzerland violations of arts 6(2), 22, 27, 28, 37 and 39.23 UNCRC also found a violation of the child’s right to be heard under art 12 of the CRC,24 and that returning MKAH to Bulgaria would have constituted an arbitrary interference with his privacy in violation of art 16, due to the impact of being separated from his cousins and uncle.25 C The Right to a Nationality The UNCRC concluded that art 7 of the CRC requires states to take proactive steps to ensure the right to a nationality can be exercised. The Swiss authorities had been informed that MKAH was stateless when he applied for asylum, and ought to have taken all necessary steps to ensure that he would have access to a nationality if he were returned to Bulgaria. As such, UNCRC found that MKAH’s right to a nationality under art 7 would be violated if he were returned to Bulgaria.26 D Outcome In light of the aforementioned, UNCRC concluded that there had been a violation of arts 3(1) and 12 of the CRC, and that the return of MKAH and his mother to Bulgaria would further constitute a violation of arts 6(2), 7, 16, 22, 27, 28, 37 and 39.27 It requested that Switzerland reconsider the decision to deport the family to Bulgaria and that it urgently review MKAH’s asylum application, ensuring that his best interests be a primary consideration, that he is duly heard and that the particular circumstances of the case are duly assessed. UNCRC also specifically asked Switzerland when reviewing the asylum application to take into account the risk that MKAH would remain stateless in Bulgaria.28 Aiming to repair the systemic flaws that led to this situation, UNCRC obligated Switzerland to take all necessary measures to ensure that similar violations do not recur. This included removing all obstacles to ensure that children could appropriately challenge decisions affecting them and that they would be systematically heard in asylum procedures. It also asked Switzerland to ensure that national protocols for the return and readmission of children to third countries comply with the CRC.29 ANALYSIS This innovative decision by UNCRC on the CRC is a welcome and significant advancement in the reduction of childhood statelessness. Set within a universally ratified instrument, the child’s right to a nationality under art 7 of the CRC is one of the key protections in international law to prevent childhood statelessness. Switzerland has not acceded to the 1961 Convention on the Reduction of 23 24 25 26 27 28 29 ibid 14 [10.9]. See n 4 for an outline of the scope of these articles. MKAH v Switzerland (n 1) 14 [10.11]. ibid 14 [10.12]. ibid 14 [10.10]. ibid 14 [11]. See n 4 and CRC art 3(1), which establishes the principle of the best interests of the child and art 12, the right of the child to form their own views and to be heard. MKAH v Switzerland (n 1) 15 [12(c)]. ibid 15 [12(e)]. 297