together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual upon whom it is conferred, either directly by the law or as the result of an act of the authorities, is in fact more closely connected with the population of the State conferring nationality than with that of any other State’. The right to a nationality is firmly anchored in international law. Article 15 (1) of the 1948 Universal Declaration of Human Rights emphasises that ‘Everyone has the right to a nationality’. Article 24 of the 1966 International Covenant on Civil and Political Rights and Article 7 (1) of the 1989 UN Convention on the Rights of the Child (CRC) stipulate the right of every child to acquire a nationality. This obligation has a more limited scope than the original concept of the Universal Declaration, as it focuses only on children’s access to a nationality, but does not address – at least not explicitly – the problem of not having a nationality at any later point in life.6 In addition, a number of universal conventions refer to the general right to a nationality7 or to acquire a nationality8 as a human right that should be ensured to all, without discrimination. However, while widely ratified international instruments stipulate that States parties shall ensure that children born on their territory acquire a nationality, most relevant treaties remain silent about which particular nationality the child is entitled to. It is important to note the best interest principle as stipulated by Article 3 (1) of the 1989 UN Convention on the Rights of the Child, according to which ‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration’, since this provision is applicable in all measures concerning the child’s nationality and the avoidance of statelessness, too. As for the practical application of the best interest principle in individual cases, the relevant General Comment of the UN Committee on the Rights of the Children emphasises – among other principles – that:9 »» The child’s best interest should be determined individually, considering the particular circumstances of each and every case; »» Due to their special situation (dependency, legal status, ‘voicelessness’, etc.), children have less possibility than adults to make a strong case for their own interests, therefore those involved in decisions affecting them must be explicitly aware of their interest; »» ‘Primary consideration’ means that the best interest should not be considered on the same level as all other considerations, i.e. it must have a clear priority over other aspects; »» Considering the child’s vulnerability of any sort is a key element in the best interest determination, and being a refugee is clearly marked as a vulnerability factor – and therefore a relevant consideration in best interest determination.10 It is noteworthy that the Committee specifically emphasised that this principle also applies to nationalityrelated procedures.11 The UNHCR concluded that ‘[i]t follows from Articles 3 and 7 of the CRC that a child must not be left stateless for an extended period of time: a child must acquire a nationality at birth or as soon as possible after birth. The obligations imposed on States by the CRC are not only directed to the State of birth of a child, but to all countries with which a child has a relevant link, such as through parentage or residence’.12 Considering these important guidelines, as well as the widely documented negative impact of statelessness on children’s ability to enjoy all sorts of human rights (identity, education, health care, 6 Nevertheless, Article 8 of the CRC stipulates that states shall respect the child’s right to preserve her/his identity (including her/his nationality), and that if a child is deprived of her/his nationality, states shall provide assistance and protection with a view to re-establish that. 7 8 1966 International Convention on the Elimination of All Forms of Racial Discrimination, Article 5 (d) (iii). 1979 Convention on the Elimination of All Forms of Discrimination against Women, Article 29 (1); 2006 Convention on the Rights of Persons with Disabilities, Article 18 (1) (a). UN Committee on the Rights of the Children, General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1), 29 May 2013, Paras 32, 37 and 75-76 See also UNHCR, Guidelines on Determining the Best Interests of the Child, May 2008, available here http://bit. ly/2lvpLvL. UN Committee on the Rights of the Children, General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1), 29 May 2013, Para. 30. UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21 December 2012, Para. 11 – emphasis added, available here http://bit.ly/23wTx2X. 9 10 11 12 3