c) Impact of International human rights norms on the 1961 Convention 8. The provisions of the 1961 Convention must be read and interpreted in light of developments in international law, in particular international human rights law. Relevant instruments include the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”), the 1966 International Covenant on Civil and Political Rights (“ICCPR”), the 1979 Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”), the 1989 CRC and the 2006 Convention on the Rights of Persons with Disabilities. Regional human rights instruments, such as the 1969 American Convention on Human Rights (“American Convention”), the 1990 African Charter on the Rights and Welfare of the Child (“African Children’s Charter”), the 1997 European Convention on Nationality, the 2004 Arab Charter on Human Rights, the 2005 Covenant on the Rights of the Child in Islam, and the 2006 Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession are also relevant. Impact of the “best interests of the child” principle on the 1961 Convention 9. Of paramount importance in determining the scope of the 1961 Convention obligations to prevent statelessness among children is the CRC. All (except two) United Nations Member States are party to the CRC. All Contracting States to the 1961 Convention are also party to the CRC. Articles 1-4 of the 1961 Convention must therefore be interpreted in light of the 3 provisions of the CRC. 10. Several provisions of the CRC are important tools for interpreting Articles 1-4 of the 1961 Convention. Article 7 of the CRC sets out that every child has the right to acquire a nationality. The drafters of the CRC saw a clear link between this right and the 1961 Convention and therefore specified in Article 7(2) of the CRC that “States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” Article 8 of the CRC provides that every child has the right to preserve his or her identity, including nationality. Article 2 of the CRC is a general nondiscrimination clause which applies to all substantive rights enshrined in the CRC, including Articles 7 and 8. It explicitly provides for protection against discrimination on the basis of the status of the child's parents or guardians. Article 3 of the CRC sets out a general principle and also applies in conjunction with Articles 7 and 8, requiring that all actions concerning children, including in the area of nationality, must be undertaken with the best interests of the child as a 4 primary consideration. 11. It follows from Articles 3 and 7 of the CRC that a child must not be left stateless for an extended period of time: a child must acquire a nationality at birth or as soon as possible after birth. The obligations imposed on States by the CRC are not only directed to the State of birth of a child, but to all countries with which a child has a relevant link, such as through parentage or residence. In the context of State succession, predecessor and successor States may also have obligations. 12. States party to the CRC that are also parties to the American Convention or the African Children’s Charter have a clear obligation to grant nationality automatically at birth to children 5 born in their territory who would otherwise be stateless. 3 Please see Article 31(3)(c) of the Vienna Convention on the Law of Treaties, UNTS 1155, 331. Article 3(1) of the CRC reads: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” 5 Article 20(2) of the American Convention states that “[e]very 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.” Article 6(4) of the African Children’s Charter sets out that “States Parties to the present Charter shall undertake to ensure that their Constitutional legislation recognize the principles according to which a child shall acquire the nationality of the State in the territory of which he has been born if, at the time of the child’s birth, he is not granted nationality by any other State in accordance with its laws.” 4 3