1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
rate rises to 83%.89 As with the other treaty bodies, there have
been some significant omissions. The failure to make any relevant
recommendations to certain States with stateless populations and the
fact that 30 States did not receive recommendations to ratify the UN
Statelessness Conventions are cases in point. In addition, three States
which maintain gender discrimination in their nationality laws did
not receive recommendations on that subject although this affects
children’s right to nationality.90
The Committee on the Rights of the Child has frequently asked States to
respect their international obligations by taking measures to prevent
children being or becoming stateless.91 These recommendations have
made specific reference to children of stateless parents and children of
foreign nationals who cannot transmit their nationality,92 children born
out of wedlock93 or outside the country of their parents’ nationality,94
and foundlings, including those whose birth in the State cannot be
proved.95 In general these recommendations reflect the position that
the child’s right to nationality should not be dependent on his or her
parent’s status.96 This approach accords with the approach taken in
89
90
91
92
93
94
95
96
A similar pattern can be seen in the UPR where recommendations on birth
registration are among those least likely to include a reference to statelessness.
Liberia, Nepal and Togo.
Committee on the Rights of the Child (CRC), Concluding observations on the
combined second to fourth periodic reports of Guinea-Bissau, 8 July 2013,
CRC/C/GNB/CO/2-4, paras. 34-35; CRC, Concluding observations on the
combined third to fifth periodic reports of Ghana, 9 June 2015, CRC/C/GHA/
CO/3-5, paras. 31-32.
CRC, Concluding observations on the second periodic report of Malta, 18 June
2013, CRC/C/MLT/CO/2, paras. 34-35.
CRC, Concluding observations: Madagascar, 8 March 2012, CRC/C/MDG/CO/34, paras. 31-32.
CRC, Concluding observations: Myanmar, 14 March 2012, CRC/C/MMR/
CO/3-4, paras. 41-42; CRC, Concluding observations on the combined third
and fourth periodic report of Canada, 6 December 2012, CRC/C/CAN/CO/3-4,
paras. 40-41.
CRC, Concluding observations on the combined second to fourth periodic
reports of Fiji, 13 October 2014, CRC/C/FJI/CO/2-4, paras. 26-27.
See, e.g., CRC, Concluding observations on the combined fourth and fifth
periodic reports of Chile, 30 October 2015, CRC/C/CHL/CO/4-5, paras. 3233, “ensure that all children born in the State party who would otherwise
be stateless can acquire Chilean nationality at birth, irrespective of their
parents migrant status” (emphasis added); CRC, Concluding observations on
the combined second to fourth periodic reports of Switzerland, 26 February
2015, CRC/C/CHE/CO/2-4, paras. 30-31; CRC, Concluding observations on
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