Succession which contains the most detailed provisions of any international treaty on State obligations to prevent and reduce
statelessness in the context of State succession. The texts of these treaties are available on www.unhcr.org/statelessness
and www.refworld.org.
11. At the global level, a range of instruments recognize the right to a nationality, albeit with varying formulations. These
instruments include:
• Universal Declaration of Human Rights (UDHR)
• International Covenant on Civil and Political Rights (ICCPR)
• International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
• Convention on the Rights of the Child (CRC)
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW);
and the
• Convention on the Rights of Persons with Disabilities (CRPD).
An overview of the relevant international standards is provided in the 2009 document Human rights and arbitrary deprivation
of nationality: report of the Secretary-General.(9)
12. More generally, human rights treaties establish that a broad range of human rights are to be enjoyed by stateless
persons. States have the primary responsibility to respect, protect and fulfill the enjoyment of human rights of stateless
persons under their jurisdiction. The 1954 Convention, together with the ICCPR, the International Covenant on Economic,
Social and Cultural Rights, CERD, CRC, CEDAW, the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, CRPD and other UN and regional treaties are part of a web of an international regime that
establishes minimum standards of treatment for stateless persons.
13. Human rights treaties complement the Statelessness Conventions because they have greater numbers of States
(10)
Parties. Moreover, the bodies created to supervise their implementation can examine issues related to statelessness to the
degree those issues fall under the purview of each treaty, thereby supplementing UNHCR’s supervisory responsibilities.
14. Some human rights norms form part of customary international law and therefore apply to all States, irrespective of a
State’s precise treaty commitments. In particular, the prohibition of racial discrimination is a key customary norm that applies
both to the acquisition/loss of nationality and the treatment of stateless persons.
9
UN Human Rights Council, Human rights and arbitrary deprivation of nationality: report of the Secretary-General, 14 December
2009, A/HRC/13/34, available at: http://www.unhcr.org/refworld/docid/4b83a9cb2.html.
10
As of 15 February 2010, there were 65 State Parties to the 1954 Convention and only 37 State Parties to the 1961 Convention. In
contrast, the Convention on the Rights of the Child, which recognizes the right of every child to acquire a nationality, had 193 State
Parties. Virtually all States are party to more than one human rights treaty that is of relevance to the right to a nationality.
6