intergenerational statelessness are amongst the main reasons children continue to be
deprived of nationality.
5. As an enabling right, nationality is key to unlocking other rights guaranteed under the CRC,
even though the convention is clear that all rights contained therein apply to all children
regardless of nationality or other status. For stateless children - who are frequently
undocumented and lacking legal identity – protecting the rights guaranteed under the
convention on an equal basis and without discrimination, is of critical importance to ensure
the realization of basic rights accorded under international law. In 2015, UNHCR elaborated
on the range of rights stateless children do not enjoy, due to their lack of nationality, including
education.5
6. Under the CRC, states are obliged to provide free and compulsory primary education to
children on an equal basis and are further required to, among others, implement measures to
monitor school attendance and dropout rates (article 28). The Committee on the Rights of the
Child has further clarified that these obligations extend to stateless children within the
jurisdiction of a state, without discrimination (article 2) and in accordance with the best
interest of the child (article 3). In General Comment No. 6 (2005), the Committee further
expounded on this obligation for unaccompanied and separated children in the displacement
cycle, a context in which childhood statelessness often arises:
“The enjoyment of rights stipulated in the Convention are not limited to children who are
citizens of a State party and must therefore, if not explicitly stated otherwise in the
Convention, also be available to all children - including asylum-seeking, refugee and migrant
children - irrespective of their nationality, immigration status or statelessness.” 6
7. The ICESCR obliges states to respect, protect and fulfil the right to education and adopt all
appropriate measures that lead to full realisation of the right. Like the CRC, the ICESCR does
not limit the enjoyment of the right to education to nationals, such that this right also extends
to stateless people. In General Comment No. 13, the Committee on Economic Social and
Cultural Rights reaffirmed this position stating:
“The Committee takes note of article 2 of the Convention on the Rights of the Child and article
3 (e) of the UNESCO Convention against Discrimination in Education and confirms that the
principle of non-discrimination extends to all persons of school age residing in the territory of
a State party, including non-nationals, and irrespective of their legal status”.7
8. The right to education for stateless children is further explicitly protected under article 22 of
the Convention Relating to the Status of Stateless Persons. While enjoying a lower level of
ratification, this is nevertheless significant because it re-affirms the obligations of states to
guarantee the right to education for stateless children specifically. Strengthening the rights
enshrined in the aforementioned instruments, are the cross-cutting principles of nondiscrimination and equality that underpin all international human rights treaties. In addition
to the robust body of international human rights law which guarantees the right to education,
multiple regional instruments also embrace this right, indicative of a broad consensus
5
Ibid.
UN Committee of the Rights of the Child (CRC), General Comment No. 6 (2005): Treatment of Unaccompanied and Separated Children
Outside their Country of Origin) para. 12, CRC/GC/2005/6
7 UN Committee on Economic Social and Cultural Rights (CESCR). 1999. General Comment No. 13: The Right to Education (Art. 13 of the
Covenant) (Doc. E/C.12/1999/10.)
6
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