Complementary provisions in human rights treaties A number of widely ratified human rights instruments contain complementary provisions and principles related to the protection of children against statelessness. The International Covenant on Civil and Political Rights (ICCPR), with 170 States Parties, establishes that “[e]very child has the right to acquire a nationality” (Article 24(3)). In addition, the United Nations Convention on the Rights of the Child (CRC), ratified by 194 countries, provides that every child “shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents” (Article 7(1)). The implementation of this right applies “in particular where the child would otherwise be stateless” (Article 7(2)). Importantly, Article 3 of the CRC, applied in conjunction with Articles 7 and 8, requires that all actions concerning children, including in the area of nationality, be undertaken with the best interests of the child as a primary consideration.4 The European convention on nationality (ECN), applicable to its European States Parties, also echoes the 1961 Convention in providing for the ex lege acquisition of nationality by foundlings and other children born on the territory who would otherwise be stateless.5 Both the American convention on human rights and the African Charter on the rights and welfare of the child also provide for the right to a nationality. Each of these instruments places an obligation on the State of the child’s birth similar to the one found in the 1961 Convention towards children who do not acquire another nationality at birth.6 Although not mentioned explicitly in the 1961 Convention, birth registration often serves as a key means of proving a child’s eligibility for a certain nationality or nationalities. Documentation issued upon registration of birth contains at a minimum the child’s name, date and place of birth, and the parents’ names. This information thus generally provides proof of a child’s entitlement to nationality, either based on descent or place of birth. As such, the establishment of proper regulations and procedures for birth registration can be considered a crucial component of safeguards against childhood statelessness. Moreover, birth registration is an obligation under a range of international human rights treaties, including the ICCPR, Article 24(2), and the CRC, Article 7(1). Both instruments require States to ensure registration immediately after birth and without discrimination of any kind, irrespective of the child’s legal status or that of the parents.7 The right to be registered at birth is also affirmed in the UN Convention on Migrant Workers’ Rights (Article 29), the UN Convention on the Rights of Persons with Disabilities (Article 18(2)), and a number of regional human rights instruments.8 For more comprehensive commentary on the importance of birth registration and examples of good practice in 4 5 6 7 8 10 Article 3(1) of the CRC reads: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” Article 6(1)(b), (2)(a) and (2)(b). American convention on human rights, Article 20(2); African charter on the rights and welfare of the child, Article 6(4).In 2014, the African Committee of Experts on the Rights and Welfare of the Child adopted a General comment on Article 6 of the African charter on the rights and welfare of the child, ACERWC/GC/02, 2014, available at: www.refworld.org/docid/54db21734.html. See UN Human Rights Committee, General Comment 17 on Article 24 (Rights of the Child), 7 April 1989, paras 7 – 8, at: www.refworld. org/docid/45139b464.html. See, e.g. African charter on the rights and welfare of the child, Article 6(2); Covenant on the right of the child in Islam, Article 7(1).