SOLVING STATELESSNESS
address any human rights issue, the treaty bodies only consider the
rights in that particular convention (although in light of the interrelated
nature of human rights what is relevant to a particular treaty can be,
and often is, interpreted broadly). On the other hand, this limitation
allows the treaty bodies to address issues in far greater depth than
the UPR and, as the figures below show, they are somewhat more
consistent in addressing issues. The third difference between the UPR
and the treaty bodies is that the recommendations of the treaty bodies
are considered those of the body as whole, unlike the UPR where
recommendations are made by individual States. A final difference is
that the UPR occurs at fixed intervals (each State is reviewed every four
and a half years), whereas the timetable of review by treaty bodies is
variable and depends on the submission of reports by States Parties.
Issues of nationality and statelessness could arise in any of the human
rights treaty bodies.62 For this chapter we have chosen to focus on
three treaties: The International Convention on the Elimination of
All Forms of Racial Discrimination (ICERD), the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW)
and the Convention on the Rights of the Child (CRC).
3.1 Committee on the Elimination of Racial Discrimination (Committee
on Racial Discrimination)
Article 5 of ICERD provides that:
In compliance with the fundamental obligations laid down in
article 2 of this Convention, States Parties undertake to prohibit
and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights: […]
(d) Other civil rights, in particular: […]
(iii) The right to nationality
62
A full listing of relevant treaty body provisions can be found in, Institute on
Statelessness and Inclusion, Addressing the Right to Nationality through the
Convention on the Rights of the Child: A toolkit for civil society, 2016, section 8.
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