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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