Previous UPR of the United States of America under the First and Second Cycle
6. Previously, the U.S. was reviewed during the first UPR cycle in 2010 and the second cycle in
2015. The issues of statelessness and the right to a nationality were not specifically addressed
during either cycle. However, during the second the U.S. received over 20 recommendations
related to the rights of migrants, including by Algeria, the Holy See, Mexico, Botswana,
Sweden, Brazil, Thailand, Spain, Nicaragua, Bolivia, Senegal, Benin, Portugal, Uruguay, Peru,
Honduras, Paraguay and the Maldives. The U.S. also received recommendations on detention,
including by Egypt, the Czech Republic, Azerbaijan, the Russian Federation, Sweden, Brazil,
Thailand and Paraguay. In particular, the recommendations made by Sweden, Brazil, Thailand
and Paraguay, out of which two noted and two accepted, were on detention of migrants. 4
7. The U.S. also received a number of recommendations on treaty ratifications.5 The U.S. has yet
to ratify a number of the core human rights treaties that protect the right to a nationality and
protect the rights of stateless persons. The U.S. received specific recommendations to accede
to the Convention on the Rights of the Child (CRC), which guarantees every child’s right to
acquire a nationality and to birth registration (Article 7) and to preserve their nationality
(Article 8), the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), which mandates the end of discrimination against women in nationality laws in
Article 9, and the Convention on the Rights of Persons with Disabilities (CRPD), which
guarantees the right to a nationality in Article 18. Further, at regional level, the American
Convention on Human Rights (ACHR), which the U.S. has signed but not ratified, stipulates the
right to a nationality for all in Article 20.
Current Treaty Obligations of the United States
8. The U.S. is a party to the International Covenant on Civil and Political Rights (ICCPR), which
mandates in Article 24 that every child has the right to a nationality at birth. The U.S. largely
satisfies this obligation through its application of both jus soli and jus sanguinis, as well as free,
widely available birth registration. The right to a nationality under the Covenant forms part of
a larger international framework through which the right to a nationality for all persons is
recognized as a fundamental right, which is included in, among others, the CEDAW (Art 9),
CRC (Arts 7 & 8) and Convention on Enforced Disappearances (CED) (Art. 25).
9. The United States has also ratified the International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), which guarantees equal enjoyment of the right to a
nationality in Article 5(d)(iii). It has also ratified the optional protocols to the Convention on
the Rights of the Child (child soldiers and child labor), but not the Convention itself. Further,
the U.S. has ratified the Abolition of Forced Labor Convention (ILO No. 105). The United States,
however, has not enacted national legislation to implement these treaties.
10. As set out above, the U.S. is not party to the CRC, CEDAW and CRPD, and has received
recommendations to ratify these conventions. Further, the U.S. is also not party to the
Convention on the Protection of the Rights of All Migrant Workers (ICRMW) or the CED.
4
Report of the Working Group on the Universal Periodic Review: United States of America (20 July 2015).
176.1-176.9, 176.16-176.42; 176.46-176.61, 176.72: Ratification of human rights instruments and ending reservations to
existing ratifications, specifically, CEDAW, CRC and the Disabilities Convention, as well as the Inter-American system.
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