Chapter 1. Introduction ethnic origin.157 In particular, states should guarantee everyone’s right to equality before the law in the enjoyment of the right to nationality.158 At the same time, however, Article 1(3) of the ICERD explicitly mentions that nothing in the convention may be interpreted as affecting in any way the legal provisions of states concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality. Implementation of ICERD is monitored by the Committee on the Elimination of Racial Discrimination. The Committee’s General Comment 30 pays particular attention to access to citizenship, i.e. the acquisition of nationality by non-citizens, including stateless people, as well as to the reduction of (childhood) statelessness.159 Furthermore, the Committee has made reference to the right to a nationality in concluding observations and communications it received.160 The International Covenant on Civil and Political Rights (ICCPR), which was adopted in 1966161, contains a right for every child to acquire a nationality.162 Also, it obliges states to register a child immediately after birth, which can help to prevent statelessness from occurring.163 Even though the (legally binding) ICCPR contains a number of rights also included in the UDHR, a right to a nationality for everyone is missing. Travaux préparatoires reveal that this was not included because of the complexity of the issue as well as the belief that this was already addressed by the 1961 Convention.164 As such, the ICCPR has a clear focus on preventing and solving childhood statelessness. Of relevance to preventing and solving statelessness is furthermore that the ICCPR contains the principle of non-discrimination, which is important to ensuring non-discriminatory nationality laws for instance.165 The implementation of the ICCPR by the states parties is monitored by the UN Human Rights Committee (CCPR). In its General Comment on Article 24 of the ICCPR (rights of the child), the CCPR explicitly notes that the purpose of Article 24(3) is to prevent a child from being afforded less protection by society and the state because 157 158 159 160 161 162 163 164 165 Art 1(1) and 2(1) ICERD. Art 5(d)(iii) ICERD. CERD, ‘General Recommendation 30: Discrimination Against Non-Citizens’ (2004) CERD/C/64/ Misc.11/rev.3. Michiel Hoornick, ‘Addressing Statelessness through the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)’ (2020) 2 Statelessness and Citizenship Review 222. International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR). Art 24(3) ICCPR. Cf Maureen Lynch & Melanie Teff, ‘Childhood Statelessness’ (2009) 32 Forced Migration Review 31; UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017) <https://www.refworld.org/docid/5a0ac8f94.html> accessed 4 September 2021. Draft International Covenants on Human Rights, Report of the Th ird Committee, 17th Session, 10 December 1961, A/5655, see also more elaborately Johannes M M Chan, ‘The Right to a Nationality as a Human Right. The Current Trend Towards Recognition’ (1980) 12 Human Rights Law Journal 1, 4–5; María José Recalde Vela, ‘How Far has the Protection of the Right to Nationality under International Human Rights Law Progressed from 1923 until the Present Day?’ (Master, Tilburg University 2014) 80–83. Art 2(1), 26 and specifically for children in Art 24(1) ICCPR. Intersentia 35