Statelessness & Citizenship Review 2019 1(1) confer nationality to an otherwise stateless person. 55 For instance, art 1(1) of the 1961 Convention foresees an obligation to grant nationality — not with regard to every stateless person but — to persons born in the territory of a state if it would otherwise render them statelessness. 56 However, this is again a treaty obligation, only binding for ratifying states of the 1961 Statelessness Convention. It is questionable, however, whether there exists a so-called ‘human right to nationality’. 57 Article 15(1) of the Universal Declaration of Human Rights (‘UDHR’) stipulates prominently that everyone has the right to a nationality. 58 It also states that no one should be arbitrarily deprived of their nationality. 59 Additionally, the innovative case law by the Inter-American Court of Human Rights with regard to art 20 American Convention on Human Rights (‘ACHR’), which grants to every person a right to nationality, might suggest that there could be such a right on the universal level. 60 Moreover, art 24(3) ICCPR, which incorporates the right of every child to acquire a nationality should also be mentioned here. 61 While the incorporation of a right to nationality in the UDHR demonstrates the international community’s early awareness of the problem of statelessness, art 15 does not create a legal obligation for states to grant citizenship to a person, as the UDHR is a non-binding instrument. 62 Thus, reference to art 15 in the context of a legal obligation on states to confer citizenship to stateless persons might only serve as a starting point in order to evaluate whether there is a customary international norm. Moreover, neither does art 1(1) of the 1961 Convention nor art 24(3) ICCPR recognise a general right to nationality, as they confer such right only to children 55 56 57 58 59 60 Cf Edwards (n 16), 29–30. See generally United Nations Human Rights Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary-General, 13th sess, Agenda Item 3, UN Doc A/HRC/13/34 (14 December 2009) for more details on the right to nationality. Luca Brücken and René de Groot, ‘Deprivation of Nationality Under Article 8(3) of the 1961 Convention on the Reduction of Statelessness’ (2018) 25(1) Maastricht Journal of European and Comparative Law 38, 40–41. See also Foster and Lambert (n 22) 567, 572. Such a right of customary nature would bind states regardless of whether they have given their formal consent or have participated in the formation of the customary rule. Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, UN Doc A/810 (10 December 1948). ibid art 15(2). American Convention on Human Rights, opened for signature 22 November 1969, 1144 UNTS 123 (entered into force 18 July 1978) art 20 (‘ACHR’): 1. Every person has the right to a nationality. 2. 61 62 Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality. 3. No one shall be arbitrarily deprived of his nationality or of the right to change it. Yean and Bosico v Dominican Republic (Preliminary Objections) (Inter-American Court of Human Rights, Series C No 130 8 September 2005) (‘Yean and Bosico v Dominican Republic’). ICCPR art 24(3). See also United Nations Human Rights Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary-General, 13th sess, Agenda Item 3, UN Doc A/HRC/13/34 (14 December 2009) [3] for a complete list of norms incorporating a right to nationality, including European Convention on Nationality, opened for signature 6 November 1997, ETS 166 (entered into force 01 March 2000) art 4 (‘European Convention on Nationality’); emphasis should also be put on International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 21 December 1965, 660 UNTS 196 (entered into force 4 January 1969) art 5(d)(iii) (‘CERD’), which requires equality before the law for everyone also with regard to the enjoyment of the right to nationality. Göcke (n 37) [10]; McAdam, Climate Change, Forced Migration (n 29) 139. 50