Part I. Introduction and Context
(s)he is stateless.166 Dependent on the ratification of the First Optional Protocol to
the ICCPR, the CCPR can also examine individual complaints on possible violations
of the ICCPR by states. The CCPR has for instance dealt with a case on the refusal to
grant nationality through naturalization: Q v. Denmark.167 Another unprecedented
case involving statelessness and Article 24(3) of the ICCPR is that of DZ against
the Netherlands.168 The Netherlands refuses to register DZ, who was born in the
Netherlands in 2010, as being stateless, which prevents him from accessing the rights
of the 1954 Convention and, eventually, acquisition of a nationality. According to the
Human Rights Committee, this violated the ICCPR and the Netherlands was “to review
its decision on the author’s application to be registered as stateless in the civil registry
[…] as well as its decision on the author’s application to be recognized as a Dutch
citizen, taking into account the Committee’s findings”.169 In addition, the Netherlands
needed to adapt its laws and policies in this regard “to avoid similar violations in the
future”.170 This shows a real impact at national level, which goes beyond the individual
case.
In 1979, a document specifically on the elimination of discrimination against
women was adopted: the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW).171 This treaty contains a provision172 on the equality –
i.e. non-discrimination – of women and men as regards nationality matters, which
could be helpful in preventing statelessness because it is aimed at preventing conflict
of nationality laws and loss of nationality of women. This instrument is also useful to
preventing childhood statelessness, because it allows a mother – like a father – to pass
on nationality to the child.173 The CEDAW Committee has addressed equal nationality
rights for women in two General Recommendations: No. 21 (equality in marriage and
family relations)174 and No. 32175 on the gender-related dimensions of refugee status,
asylum, nationality and statelessness of women. Furthermore, the CEDAW Committee
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167
168
169
170
171
172
173
174
175
36
CCPR, ‘General Comment No. 17: Article 24 (Rights of the Child)’ (1989) 35th Session, para 8.
Q v Denmark Com No 2001/2010 (CCPR, 19 May 2015) UN Doc CCPR/C/113/D/2001/2010 (2015).
Open Society Foundations, ‘Litigation: Zhao v Netherlands’ (2017) <https://www.
opensocietyfoundations.org/litigation/zhao-v-netherlands> accessed 3 January 2022. Full
communication to CCPR in this case is available <https://pilpnjcm.nl/wp-content/uploads/2016/11/
ECD-1507-Zhao-5-Communication-As-Sent-SB-11.23.16.pdf> accessed 3 January 2022.
DZ v the Netherlands Com No 2918/2016 (CCPR, 20 January 2021) UN Doc CCPR/C/130/D/2918/2016
(2020), para 10.
Ibid, para 10.
Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December
1979, entered into force 3 September 1981) 1249 UNTS 13 (CEDAW).
Art 9 CEDAW.
See also ISI, ‘Statelessness & Human Rights: The Convention on the Elimination of All Forms
of Discrimination against Women’ (2018) Statelessness Essentials No. 7 <www.institutesi.org/
statelessness_and_CEDAW.pdf> accessed 4 September 2021.
CEDAW Committee, ‘General Recommendation No. 21: Equality in Marriage and Family Relations’
(1994) 13th Session.
CEDAW Committee, ‘General Recommendation No. 32 on on the Gender-related Dimensions of
Refugee Status, Asylum, Nationality and Statelessness of Women’ (2014) CEDAW/C/GC/32.
Intersentia
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