Convention on Nationality.(22)(23) As a result, 100 States have a clear international legal obligation to grant nationality in such
(24)
circumstances. Of relevance also are the Convention on the Rights of the Child and the International Covenant on Civil and
Political Rights which establish that all children have the right to acquire a nationality. In order to ensure this right, children
who would otherwise be stateless and who are born on the territory of a State or to a national should acquire the nationality of
the State. As a result, a specific target to implement this safeguard at the national level is established in the Global Strategic
Priorities (GSP 1.3). In seeking to establish and implement this safeguard, UNHCR Field Offices may refer to these universal
and, where relevant, regional standards.
28. Similarly, prevention of statelessness requires verifying whether there are safeguards in legislation which prevent loss,
renunciation or deprivation of nationality which results in statelessness. Again, the 1961 Convention can be used to provide
guidance and is the general international standard in this regard.
29. Action by UNHCR Field Offices is also necessary in those States in which discrimination against women in nationality
matters can cause or perpetuate statelessness. For example, statelessness may result when children cannot acquire the
mother’s nationality and when the father possesses a different nationality but cannot confer it on his children due to limitations
in the law of his State, or where he is unknown or stateless. In States which discriminate against women and their children in
this way, UNHCR may refer to the relevant standards in the Convention on the Elimination of Discrimination against
(25)
(26)
Women, the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights.
Administrative obstacles
30. Statelessness can also result from costly, complex procedures and onerous bureaucratic requirements for the acquisition
or confirmation of nationality and issuance of relevant documentation proving nationality. These problems may be particularly
serious for children born outside the country of nationality of their parents. When such gaps are identified, the relevant
authorities need to be advised on how they may be addressed.
4. 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.”
21
As of 1 January 2010, 23 States are party to the American Convention of Human Rights. Its article 20 paragraphs 1 and 2 read as
follows:
“1. Every person has the right to a nationality.
2. Every 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.”
22
As of 1 January 2010, 19 States are party to the European Convention on Nationality. Its article 6 paragraph 2 reads as follows:
“2. Each State Party shall provide in its internal law for its nationality to be acquired by children born on its territory who do not
acquire at birth another nationality. Such nationality shall be granted:
a. at birth ex lege; or
b. subsequently, to children who remained stateless, upon an application being lodged with the
appropriate authority, by or on behalf of the child concerned, in the manner prescribed by the internal
law of the State Party. Such an application may be made subject to the lawful and habitual residence on
its territory for a period not exceeding five years immediately preceding the lodging of the application.”
23
Note also that article 7 paragraph 2 of the Covenant on the Rights of the Child in Islam contains an obligation according to which
States “shall make every effort to resolve the issue of statelessness for any child born on their territories”.
24
Annex V lists these States as well as the relevant articles of the treaties mentioned above.
25
In particular, article 9(2) which establishes that “States Parties shall grant women equal rights with men with respect to the nationality
of their children.”
26
See Human Rights Committee General Comment No. 28: Equality of Rights between Men and Women (Article 3 of the International
Covenant on Civil and Political Rights) (2000) in which the Committee states that “to fulfil their obligations under article 23, paragraph
4, States Parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to […] the
capacity to transmit to children the parent’s nationality”.
10