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 2

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