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

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