Carry out the necessary measures to eliminate the barriers that impede the birth registration of all persons born in South African territory, including migrants and refugees (Mexico);9 Ensure that all children are issued with a birth certificate in order to access various social services, with particular focus on children of migrants (Slovakia).10 ‘Supported’ both recommendations. However, South Africa also responded that: All children born in South Africa are registered at birth and not later than the first 30 days of birth. This is a requirement of national law. Registration allows all children to access all social benefits in the country. 6. As this submission elaborates, the South African responses to recommendations related to detention and birth registration require further scrutiny. South Africa’s international obligations 7. South Africa has ratified nearly all core international and regional human rights treaties. Stateless persons benefit from the general application of international human rights standards found in these core treaties, including non-discrimination, adequate standard of living and equality before the law.11 8. The right to a nationality and/or protection of stateless persons is further reinforced by a variety of these instruments, including the Universal Declaration of Rights (Article 15), the International Covenant on Civil and Political Rights (ICCPR) (Article 24), the Convention on the Elimination of all forms of Discrimination Against Women (Article 9) the Convention on the Nationality of Married Women; the Convention on the Elimination of all Forms of Racial Discrimination (Article 5), the Convention on the Rights of the Child (CRC, Article 7) and the African Charter on the Rights and Welfare of the Child (Article 6). 9. South Africa has additional international and regional obligations to protect the liberty and security of all persons and to protect against arbitrary and unlawful detention. These obligations derive from the ICCPR (Article 9) and the African Charter on Human and People’s Rights (Article 6) which protect the right to liberty and security of the person and freedom from arbitrary detention. 10. South Africa, however, is not a party to either the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention), or the 1961 Convention on the Reduction of Statelessness (1961 Convention). South Africa’s national legal framework 9 Ibid., para 124.150. Ibid., para 124.151. 11 There are a few exceptions under international human rights in which stateless persons are restricted, such as in the right to vote or to be elected to political office. 10

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