Nationality) reaffirming the responsibility of the State of birth,47 and referencing both in a further decision against Sudan.48 The African Commission on Human and Peoples’ Rights (AfComHPR) followed the lead of the ACERWC in relation to the obligation of States Parties towards people born in their territory, in decisions relating to Côte d’Ivoire49 and Kenya,50 overcoming the absence of a specific provision on the right to a nationality in the African Charter on Human and Peoples’ Rights by holding that nationality is implied within the wording of Article 5 on the right to dignity and legal status;51 a position confirmed by the AfCtHR.52 The Inter-American Commission on Human Rights (IACHR) has codified the principles from the regional jurisprudence into more general guidance on the right to nationality;53 while the AfComHPR has specifically endorsed the rights of children to nationality in guiding principles on the rights of migrants.54 The Council of Europe has also moved forward on this agenda, though more cautiously, based on the provisions for the grant of nationality to otherwise stateless children within the European Convention on Nationality.55 In 2009, the Committee of Ministers adopted a Recommendation on the Nationality of Children, providing that States should ‘provide that children born on their territory who otherwise would be stateless acquire their nationality’; albeit with the important proviso that this is ‘subject to no other condition than the lawful and habitual residence of a parent’.56 The further elaboration of the recommendation is in the course of being reviewed.57 The European Court of Human Rights (ECtHR) has increasingly been willing to apply the international legal framework for the protection of stateless persons.58 In 2021, the UN Human Rights Committee became the first UN treaty body to confirm the primary obligation of the State of birth to grant or ensure the acquisition of another nationality by a child born in its territory, in a case brought against the Netherlands by the stateless child of a stateless parent (both denied recognition of nationality by the Chinese authorities).59 This jurisprudence has drawn upon and, in turn, informed an increasing body of general comments and other soft law from UN treaty bodies on the rights of children to a 47 ACERWC, ‘General Comment No 2 on Article 6 of the African Charter on the Rights and Welfare of the Child: Right to a Name, Birth Registration and a Nationality’ ACERWC/GC/02 (2014). 48 African Centre of Justice and Peace Studies (ACJPS) and People’s Legal Aid Centre (PLACE) (on behalf of Iman Benjamin) v Sudan Communication No 005/Com/001/2015 (ACERWC, 2018). 49 Open Society Justice Initiative (OSJI) v Côte d’Ivoire Communication No 318/06 (AfComHPR, 2015). 50 Nubian Community in Kenya v Republic of Kenya Communication No 317/2006 (AfComHPR, 2015). 51 African Charter on Human and Peoples’ Rights (adopted 1 June 1981, entered into force 28 October 1986) art 5. 52 Penessis v Tanzania (2019) App No 013/2015. 53 IACHR, ‘Resolution 2/23 on the Right to Nationality, Prohibition of Arbitrary Deprivation of Nationality, and Statelessness’ (2023) art 8. 54 AfComHPR, ‘African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers’ (2023). 55 European Convention on Nationality (n 25) art 1(2). 56 Committee of Ministers of the Council of Europe, ‘The Nationality of Children: Recommendation CM/Rec(2009)13 and Explanatory Memorandum’ (2009). 57 G-R de Groot, ‘Feasibility Study on a Non-Binding Legal Instrument Regarding Stateless Children’s Access to Nationality’ (European Committee on Legal Co-operation, Council of Europe, 2025). 58 e.g. Sudita Keita v Hungary App No 42321/15 (2022) 74 EHRR 5. For commentary, see P Cabral, ‘Sudita Keita v Hungary – Another Landmark Ruling from Strasbourg on the Right to Private and Family Life of Stateless People’ (European Network on Statelessness, 15 May 2020) <https://www.statelessness.eu/updates/blog/suditakeita-v-hungary-another-landmark-ruling-strasbourg-right-private-and-family>. See also ECtHR, ‘Key Theme – Article 8 Nationality’ (2025) <https://ks.echr.coe.int/web/echr-ks/all-key-themes>. 59 DZ v The Netherlands Communication No 2918/2016 (20 January 2021) UN Doc CCPR/C/130/D/2918/2016 .