•
1965 Convention on the Elimination of all Forms of Racial
Discrimination
States must ‘guarantee the right of everyone, without distinction as to
race, colour, or national or ethnic origin, to equality before the law’,
particularly in the enjoyment of fundamental human rights, including
the right to nationality.
•
1979 Convention on Elimination of all Forms of
Discrimination Against Women
States parties shall grant women equal rights with men to acquire,
change or retain their nationality. They shall ensure in particular that
neither marriage to an alien nor change of nationality by the husband
during marriage shall automatically change the nationality of the wife,
render her stateless or force upon her the nationality of the husband.
States parties shall grant women equal rights with men with respect to
the nationality of their children.
•
1989 Convention on the Rights of the Child
States parties shall respect and ensure the rights … of each child within
their jurisdiction without discrimination of any kind, irrespective of the
child’s or his parents’ of legal guardian’s race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin,
property, disability, birth or other status.
The child shall be registered immediately after birth and shall have the
right from birth to a name and the right to acquire a nationality …
•
1966 International Covenant on Civil and Political Rights
Every child shall have, without discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth the right
to such measures of protection as are required by his status as a minor,
on the part of his family, society and State.
Every child shall be registered immediately after birth and shall have a
name.
Every child has the right to acquire nationality.
•
1999 African Charter on the Rights and Welfare of the
Child
Every child shall have the right from birth to his name; every child shall
be registered immediately after birth; every child has the right to acquire
nationality.
State parties shall ensure that their constitutional legislation recognises
the principles according to which a child shall acquire nationality of the
State in the territory in which he was born if, at the time of birth, he is
not granted nationality by any other State in accordance with its laws.
3.1.3 The United Nations statelessness conventions
South Africa has yet to sign and ratify either the 1954 Convention
relating to the Status of Stateless Persons or the 1961 Convention
on the Reduction of Statelessness. As a result, legal practitioners in
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Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide