UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
(iv)
The Universal Declaration on Human Rights 1948 (UDHR)
Article 1, of the Universal Declaration of Human Rights 1948
(hereinafter known as UDHR 1948) establishes the universal human
rights to all human beings as being born free and equal in dignity
and rights. Despite not being part of the binding international law, the
UDHR is accepted globally by all states on the fundamental principles
of human rights regardless of nationality, place of residence, sex,
national or ethnic origin, colour, religion, language, or any other
status, and all human beings are to be treated equally and with respect.
Subsequent to the UDHR, the United Nations adopted many legally
binding international human rights treaties and agreements, including
the CRC 1989, the 1954 Convention and the 1961 Convention. These
treaties and agreements outline fundamental protection for human
rights of the stateless people and children, and also impose legal
obligations on the signatory member States.
(v)
The International Covenant on Civil and Political Rights 1966
(ICCPR)
The International Covenant on Civil and Political Rights 1966
(hereinafter known as the ICCPR) does not guarantee a right to
nationality for all humans, but only for children as propounded by
Article 24(3). By virtue of Article 24(1) of the ICCPR 1966, “Every
child shall have, without any 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 the State”. In addition,
Article 24(2) of the ICCPR requires immediate registration upon the
birth of a child and that child shall have a name. Therefore, signatory
member States of the ICCPR are required to adopt every appropriate
measure to ensure that every child born within the respective states,
regardless of the background and circumstances, be given nationality 19.
(vi)
The International Covenant on Economic, Social and Cultural
Rights (ICESCR) 1966
The International Covenant on Economic, Social and Cultural Rights
1966 (hereinafter known as the ICESCR) was adopted by the United
19
362
Santhosh Persaud (2006) (UNHCR). New Issues in Refugee Research. Research
Paper No. 132 Protecting refugees and asylum seekers under the International
Covenant on Civil and Political Rights. https://www.unhcr.org/4552f0d82.pdf >
. Retrieved date: 16.4.2021
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