SOLVING STATELESSNESS
Article 2 of the CRC, which explicitly prohibits discrimination based
on a parent or legal guardian’s status.97 Similarly, a recommendation
to Turkmenistan suggesting that the best interests of the child should
be considered in statelessness determination procedures98 draws
on Article 3 of the CRC which sets out the general principle that the
best interests of the child should be a primary consideration in all
actions concerning the child, but demonstrates an increasingly robust
assertion of the relevance of these standards to nationality laws.
The Committee on the Rights of the Child’s increasing sensitivity to
statelessness and nationality issues is reflected, for instance, by its
views on the importance of the removal of gender discrimination from
nationality laws (even if there are safeguards against statelessness
in national laws)99 as well as on the removal of discrimination on the
basis of disability from naturalisation requirements.100
4. Conclusion
Although the level of attention to statelessness and nationality by
international human rights mechanisms remains low when compared
with many other thematic topics, it has begun to increase in recent years.
A number of high profile statelessness situations have undoubtedly
served to draw attention to the plight of stateless populations. At the
same time, UNHCR’s Campaign to End Statelessness has raised the
level of awareness of the right to nationality as an important human
rights topic and helped to galvanise a network of interested actors
who are actively working to open opportunities for further discussion.
As this chapter has shown, the Human Rights Council, the Special
97
98
99
100
the combined second to fourth periodic reports of Turkmenistan, 10 March
2015, CRC/C/TKM/CO/2-4, paras. 24-25; CRC, Concluding observations on
the fourth periodic report of the Netherlands, 8 June 2015, CRC/C/NDL/CO/4,
paras. 32-33 (criticising a limitation to a proposed law granting nationality to
stateless children born in the Netherlands without a legal residence permit,
but only if their parents had cooperated with the authorities).
For further discussion of the relevance of this provision to statelessness see, A.
de Chickera and J. Whiteman, “Addressing statelessness through the rights to
equality and non-discrimination”, chapter 4 in this book.
CRC, Concluding observations: Turkmenistan, supra n96, paras. 20-21.
CRC, Concluding observations on the combined second to fourth periodic
reports of Iraq, 3 March 2015, CRC/C/IRQ/CO/2-4, paras. 31-32.
CRC, Concluding observations on the fourth periodic report of Yemen, 25
February 2014, CRC/C/YEM/CO/4, paras. 39-40.
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