Comment on the Zhao Case
Nationality Code’s safeguards against statelessness. 39 In some such cases,
UNHCR also changed the children’s status in its registration and on the cards
issued to the families from ‘stateless (non-refugee)’ to ‘asylum seeker’, with the
nationality no longer recorded as ‘None/stateless’ but as ‘Unknown’.
For the Tunisia-born children of asylum seekers without nationality, these
shifts are an arbitrary status change that takes them a step further from accessing
Tunisian nationality through the safeguard against statelessness in art 8 of the
Nationality Code.40 This context, combined with the strong protections for
children’s right to a nationality in Tunisia’s domestic law, 41 provide a foundation
on which further advocacy can build.42
CONCLUSION
Zhao establishes a significant precedent, but it remains to be seen how easily the
outcome can be translated into victories elsewhere. In practical terms, the
universal application of the decision may be hampered by the limitations of the
legal and institutional landscape in the MENA. This issue needs to be pushed to
challenge violations of the same right: a nationality for all children, at birth,
everywhere in the world.
39
40
41
42
Code de la Nationalité Tunisienne 2018, arts 8–9 (Tunisia). A child born in Tunisia to stateless
parents who have resided in Tunisia for five or more years is a Tunisian citizen; a child born
to unknown parents is also considered Tunisian by operation of law.
Article 8 reads: ‘Est tunisien, l’enfant né en Tunisie de parents apatrides résidant en Tunisie
depuis cinq ans au moins’.
Law No 95–92 on the Protection of Children 1995, art 5 (Tunisia): ‘[e]very child has the right
to an identity from birth. Identity consists of first name, surname, date of birth and nationality’.
Another avenue for strategic advocacy, although beyond the scope of this commentary, would
be through an individual petition to the Committee on the Rights of the Child. This is available
because Tunisia, unlike the Netherlands, is a party to the Optional Protocol (n 7) allowing
individual communications: see Ann Skelton, ‘UN Human Rights Committee: Denny Zhao v
The Netherlands’ (Case Note 2021/8, Leiden Children’s Rights Observatory, 6 October 2021)
<https://childrensrightsobservatory.nl/case-notes/casenote2021-8>.
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