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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 7
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 7
This Recommendation is relevant in contexts where there are:
— Stateless persons and/or persons without a recognized
nationality status in their own country; and
— Stateless persons and/or persons without a recognized
nationality status outside their own country.
— Nationals (at risk of losing their nationality and becoming
stateless) in their country of nationality;
— Nationals (at risk of losing their nationality and becoming
stateless) outside their country of nationality;
Context:
7.35 Risks of childhood statelessness may persist or be heightened in
the context of climate change, as climate-related hazards have the
potential to cause loss of life, displacement, family separation and
destruction of documentation. These impacts can compound the
effects of discrimination and gaps in and conflicts between nationality
laws, raising risks of childhood statelessness. Given the severe
negative impacts of statelessness on children’s enjoyment of their
human rights, including the right to education and healthcare,
preventing childhood statelessness is critical.
7.36 For example, for both stateless persons in their own country and
stateless persons in a migratory context, nationality laws that
lack legal safeguards that grant nationality to children who would
otherwise be stateless fail to stop intergenerational statelessness.
This is because statelessness in such situations continues to be
transmitted from the parent to the child. The lack of such safeguards
also increases the number of children who are likely to experience
severe rights violations as a consequence of being left stateless.
7.37 For nationals, whether they are in their country of nationality or
abroad, discriminatory nationality laws that prevent women from
conferring their nationality to their children not only contravene
Article 9 of the Convention on the Elimination of all Forms of
Discrimination Against Women (‘CEDAW’), but may result in children
being left stateless if fathers have gone missing or died, for example
in the context of an extreme weather event linked to climate change
or a disaster. In situations where both parents are missing and their
identities are unknown, a lack of legal safeguards to grant nationality
to foundlings, or children who are abandoned or permanently
separated from their parents, may also leave children stateless.70
7.38 The child’s right to a nationality is protected in major human rights
instruments. A number of these instruments additionally provide the
right to immediate birth registration (see Recommendation 8 below)
and the equal right of parents to pass nationality to their children.71
Article 3 together with Articles 7 and 8 of the CRC requires that
all actions concerning children, including in the area of nationality,
must be undertaken with the best interests of the child as a
primary consideration.72
IV. Prevent
IV. Prevent
Recommendation 7
Ensure that all children are able to acquire a nationality in
the context of climate change in order to prevent childhood
statelessness (also relevant to Recommendation 9
under Prevent).
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