Article 6(4) explicitly requires States to prevent childhood statelessness, including through constitutional
and legislative safeguards.
The ACERWC has issued two important decisions on childhood statelessness:
Institute
for
Human
Rights
and
Development in Africa (IHRDA) and
Open Society Justice Initiative on
behalf of children of Nubian Descent in
Kenya
v.
Kenya,
ACERWC,
Communication No. Com/002/2009
(2011): The ACERWC found that Kenya
violated Nubian children’s rights to
nationality and birth registration due to
systemic discrimination. It emphasised
that statelessness is “the antithesis to
the best interests of the child” and
undermines access to other essential
rights, such as the right to education
and the right to health care.
African Centre of Justice and Peace
Studies (ACJPS) and People’s Legal
Aid Centre (PLACE) v the Republic of
the Sudan ACERWC, Communication
005/Com/001/2015
(2018):
The
Committee held that Sudan violated
Benjamin’s right to a nationality by
arbitrarily revoking her citizenship due
to presumed South Sudanese origin.
Sudan was to restore her nationality,
amend
discriminatory
laws,
and
protect all children from similar
violations.
Guidance from Treaty Bodies – Interpreting the Child’s Right to a Nationality
The HRC Committee, the CRC Committee, and the ACEWRC have issued a series of General Comments that
provide guidance on the interpretation and implementation of the child’s right to a nationality.[13]
The following is emphasised:
The four fundamental principles of
children’s rights must guide measures
relating to nationality:
the best interests of the child
the principle of non-discrimination
the right to life, survival, and
development
the right of the child to express their
views (child participation)
The question of when nationality must
be granted and which State must grant
nationality is addressed as follows :
When
should
the
child
acquire
nationality? The child must acquire a
nationality from birth to avoid the
harms of statelessness.
Which State should grant nationality?
The State of birth has the primary
obligation to grant nationality if the
The right to birth registration is
interlinked with the right to a nationality.
Birth registration does not automatically
confer nationality, but it is critical for
determining nationality in practice.
States must:
child would otherwise be stateless,
but States linked to the child through
parentage or habitual residence also
share
responsibility.
States
must
cooperate to ensure that no child is
left stateless.
[13] See CCPR GC No. 17 Article 24 (Rights of the Child); CRC Committee GC No 5; CRC Committee GC No 6; CRC
Committee GC No 7; CRC Committee GC No 9 ; CRC Committee GC No 11; ACERWC GC No 2; ACEWRC GC No 5.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents