Chapter 1. Introduction
has made recommendations to states in its concluding observations in order to ensure
gender equal nationality laws.176
The almost universally ratified Convention on the Rights of the Child (CRC)177 of
1989 includes, similar to the ICCPR, a right for every child to acquire a nationality178,
but also explicitly mentions preventing statelessness.179 Furthermore, the CRC obliges
states to ensure that children are registered immediately after birth180 and includes a
non-discrimination provision specific to children.181 Furthermore, states are obliged
to respect the right of the child to preserve his or her identity, including nationality,
as recognized by law without unlawful interference. Where a child is illegally deprived
of some or all of the elements of his or her identity, states are to provide assistance
and protection.182 As such, the CRC is definitely relevant to addressing childhood
statelessness.183 The CRC Committee monitors the CRC, but has not yet addressed the
children’s right to a nationality in a General Comment.184 Nonetheless, Article 7 CRC
has been the subject of concluding observations and recommendations by the CRC
Committee.185
In 1990, another human rights treaty was adopted in the context of the UN: the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (ICMW).186 The relevant provisions here are similar to those
already included in the other human rights treaties above, but are specific to (children
of) migrant workers: the principle of non-discrimination187, the right to registration
176
177
178
179
180
181
182
183
184
185
186
187
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.
Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September
1990) 1577 UNTS 3 (CRC).
Art 7(1) CRC.
Art 7(2) CRC: “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.”
Art 7(1) CRC.
Art 2 CRC.
Art 8 CRC.
See also ISI, ‘Statelessness & Human Rights: The Convention on the Rights of the Child’ (2018)
Statelessness Essentials No. 6 <https://fi les.institutesi.org/statelessness-and-CRC.pdf> accessed
4 September 2021.
Some useful language can, however, be found in the Joint General Comments of the CRC and the
CMW: CMW & CRC, ‘Joint General Comment No. 3/22 on the General Principles regarding the
Human Rights of Children in the Context of International Migration’ (2017) CMW/C/GC/3-CRC/C/
GC/22; CMW & CRC, ‘Joint General Comment No. 4/No. 23 on State Obligations regarding the
Human Rights of Children in the Context of International Migration in Countries of Origin, Transit,
Destination and Return’ (2017) CMW/C/GC/4-CRC/C/GC/23.
ISI, ‘Nationality and Statelessness under the CRC’ (2017) <www.statelessnessandhumanrights.org/
crc/nationality-statelessness-under-the-crc> accessed 4 September 2021.
International Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families (adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3 (ICMW). The
Committee on Migrant Workers (CMW) monitors implementation of the ICMW.
Art 1 & 7 ICMW.
Intersentia
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents