The right of every child to acquire a nationality 22. The 1961 Convention requires States to grant nationality to persons born in their territory ‘who would otherwise be stateless. 15 The 1961 Convention obligates that foundlings automatically acquire nationality. 16 The most important human rights provision related to the child’s right to acquire a nationality is Article 7 of the CRC, which requires that: “1) The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. 2) States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” 23. International law also sets out rules and timeframes for the acquisition of nationality by children who would otherwise be stateless. The 1961 Convention sets out various criteria according to which nationality should be acquired by such children, either at birth or later in life.17 Importantly, guiding principles of the CRC including the right to non-discrimination and the principle of the best interests of the child, further dictate the manner in which these provisions are to be implemented.18 The current practice of Japan is assessed against these criteria in this submission. 24. Japanese law currently provides that for ‘a person born in Japan, not having any nationality since the time of birth, and continuously having a domicile in Japan for three years or more since that time’, ‘the Minister of Justice may permit naturalization’.19 Even if the child has not been recognised as a national by any State since birth and the meets the continual residence condition, the grant of naturalisation is still at the discretion of the Minister of Justice. 25. States are permitted to make the automatic conferral of citizenship pursuant to Article 1(1) of the 1961 Convention ‘subject to such conditions as may be prescribed by the national law’. However, the discretionary nature of the provision in Japan means that in practice, all otherwise stateless children in Japan may not be able to exercise their right to acquire a nationality. The discretionary nature of the naturalisation process thus places Japan’s law in contravention of Article 7 of the Convention on the 15 1961 Convention, Article 1. 1961 Convention on the Reduction of Statelessness, Article 2. 17 1961 Convention on the Reduction of Statelessness, Article 1 (2) (a) and (b). 18 1989 Convention on the Rights of the Child, Articles 2 and 3. 19 Article 8(4) Nationality Law (Revised Act No.70 of June 13, 2014). 9 16