Introduction
1. The Liverpool Law Clinic (LLC)1, European Network on Statelessness (ENS)2 and Institute on
Statelessness and Inclusion (ISI)3 welcome the opportunity to make this submission to the
Committee on the Rights of the Child regarding the UK’s compliance with the right of every child
to acquire a nationality under Article 7 and to preserve their nationality under Article 8 of the
Convention on the Rights of the Child (CRC). This submission also draws on the Guiding
Principles of the CRC, including freedom from discrimination (Article 2) and best interests of the
child (Article 3). The submission focuses on:
I.
II.
III.
IV.
The right to acquire a nationality of children born stateless in the UK;
Access to protection for stateless migrant and refugee children;
The right to birth registration; and
Child rights in the context of nationality deprivation.
2. In light of the UK’s obligations under the CRC and the importance of eradicating statelessness as
expressed by UNHCR’s #IBelong campaign, the submitting organisations hope the Committee
will raise these matters in the List of Issues Prior to Reporting (LOIPR) and address
recommendations to the UK Government to further prevent and reduce childhood statelessness.
3. This submission is structured to highlight key challenges faced by children affected by
statelessness in the UK, drawing on the work of the co-submitting organisations.4 Each section
includes recommended issues to be incorporated into the LOIPR. The submission ends with draft
recommendations that may be drawn on by the Committee in formulating its Concluding
Observations to the UK.
4. There are three Annexes to this submission:
I. Annex I highlights the UK’s international obligations.
II. Annex II contains the relevant national law, for ease of reference of the Committee.
III. Annex III provides information about the co-submitting organisations.
5. This submission has been endorsed by the following members of ENS: Bail for Immigration
Detainees5, British Rohingya Community6, Jesuit Refugee Service UK7 and Kuwaiti Community
Association8.
1
See further: https://www.liverpool.ac.uk/law/liverpool-law-clinic/statelessness/
See further: www.statelessness.eu
3
See further: www.institutesi.org/ourwork/children.php
4
See for example, #StatelessnessIndex UK country profile: https://index.statelessness.eu/country/united-kingdom; ENS (2015) No Child
Should
Be
Stateless:
Ensuring
the
right
to
a
nationality
for
children
in
migration
in
Europe:
https://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_Right-to-a-nationality-for-children-inmigration.pdf; Bezzano & Carter (2018) Statelessness in Practice: Implementation of the UK Statelessness Application Procedure:
https://www.liverpool.ac.uk/media/livacuk/law/4-liverpool-law-clinic/Statelessness,in,Practice.pdf
5
See further: https://www.biduk.org
6
See further: http://britishrohingya.co.uk
7
See further: https://www.jrsuk.net
8
See further: https://www.statelessness.eu/about-us/members/kuwaiti-community-association
2
2