4. The Protocol promotes gender equality in nationality laws: States are required to guarantee equal rights for men and women in all nationality-related matters, including the States must also allow for acquisition of nationality by adopted children, children under kafala, and children who would otherwise be stateless, through simplified procedures right to pass nationality to spouses and children. The phrasing “in accordance with national law” presumes alignment of national laws with regional and international human rights standards on gender equality. - the attribution of nationality, which refers to the automatic conferral of nationality at birth based on the law of the country e.g.. being born to a parent who is a citizen parent (jus sanguinis) or being born on the State’s territory (jus soli); and References: Article 4 and Article 9 5. The Protocol prioritises children’s rights: States must respect the best interests of the child and enable children to participate in proceedings ensuring affecting their views ATTRIBUTION and ACQUISITION: The Protocol establishes clear distinctions between: their nationality, are heard and - the acquisition of nationality which refers to obtaining nationality through legal or administrative processes after birth. It mandates States to provide mechanisms for acquisition where attribution is not automatic. considered. It prohibits discrimination against children based on their parents’ marital status, sex, or gender. References: Article 3(2)(d), Article 4(1) and (2), and Article 10 The Protocol emphasises the right to birth registration as a distinct right that is critical to preventing statelessness and mandates the issuance of documentation for unaccompanied 6. The Protocol includes crucial safeguards and separated children. against childhood statelessness: States must attribute nationality from birth to: The automatic derivative deprivation of a child’s I.A child born in its territory to a parent who is nationality based on the deprivation of a parent’s a national II.A child born outside its territory to a parent who is a national - particularly if the child would otherwise be stateless III.A child born in the territory to a parent who nationality is explicitly prohibited. References: Article 4(1) and (2), Article 5, Article 6, Article 12(3), and Article 15(5) was also born there IV.A child born in the territory to stateless parents or parents of unknown nationality V.A child found in the territory with unknown parentage (in such cases it must be presumed that the child was born in the territory to parents who are nationals, unless proven otherwise) 28

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