Unit 4 [core unit] Preventing statelessness (1): Conflicts of laws and statelessness among children Summary This unit discusses the particular problem of avoiding statelessness among children. Students first take a closer look at how children may be vulnerable to statelessness. They are reminded of the potential for a conflict of laws relating to the attribution of nationality to a newborn child. Additional issues are raised, including the situation of foundlings, children born to migrant or refugee parents, children involved in international adoption and the role of birth registration. Since the nationality of a dependent child often remains linked to the nationality of his or her parents, students discuss the potential threat of statelessness where loss of citizenship of the parent automatically effects the loss of citizenship of the child, as well as the potential opportunity for reduction of statelessness among children where the acquisition of citizenship (e.g. by naturalisation) of the parent leads to acquisition of citizenship by the child. The relevant provisions of the 1961 Convention on the Reduction of Statelessness are identified and their effectiveness in preventing statelessness among children is discussed. To this end, some background on history, approach and overall content of the 1961 Convention is offered. Students are asked to evaluate the strengths and weaknesses of the 1961 Convention, including by weighing up the level of detail of the safeguards against statelessness versus the lack of guidance in determining when the Convention is applicable and the careful focus on safeguards against statelessness that do not further impinge on the freedom of States to regulate nationality versus the failure to rule out the creation of statelessness in a number of circumstances. In parallel to the assessment of the 1961 Convention, other relevant international norms are introduced. Thus, the many formulations of the right of every child to acquire a nationality and the right to be registered at birth, found in universal and regional human rights instruments are presented. The content and scope of these provisions are discussed and an overall evaluation can be made of how international law deals with the various ways that children may be rendered stateless. Time allowing, the role of bodies such as the Committee on the Rights of the Child and organisations such as UNICEF in developing policy and undertaking activities to prevent statelessness can also be looked at. Learning objectives • Explain the ways in which children may find themselves at risk of statelessness. • Discuss the overall approach and content of the 1961 Convention on the Reduction of Statelessness. 26 A Guide to Teaching on Statelessness • Appreciate the strengths and weaknesses of the 1961 Convention, in particular in relation to the avoidance of statelessness among children. • Identify and discuss other relevant international standards for the avoidance of statelessness among children.