Submission to the UN Committee on the Rights of the Child for the 2021 Day of General Discusssion on Children’s Rights and Alternative Care: Childhood Statelessness ion to t Introduction 1. The Institute on Statelessness and Inclusion welcomes the opportunity to make this submission to the Committee on the Rights of the Child for the Day of General Discussion on Children’s Rights and Alternative Care.1 Addressing childhood statelessness is one of the core thematic priorities of the Institute and a range of human rights and educational resources have been developed on childhood statelessness and the child’s right to nationality.2 This submission focuses on the impact of statelessness on children deprived of parental care and the right of every child to acquire and preserve a nationality under Article 7 and 8 of the Convention of the Rights of the Child (CRC). Specifically, it looks at: • the nexus between childhood statelessness and family separation • access to protection, rights and services for stateless children in care • rights to identity and nationality for children in care Issue 1: Childhood Statelessness and Family Seperation 2. Children have the right to be cared for by their parents whenever possible.3 The separation of children from their parents by State authorities should only occur when it is in the best interests of the child.4 In cases of separation, the best interests of the child should be determined through a competent authority and should be subject to judicial review.5 Children who are stateless or born to families affected by statelessness are more likely to be separated from their parents and less lightly to be able 1 Institute on Statelessness and Inclusion is an independent non-profit organisation committed to an integrated, human rights based response to the injustices of statelessness and exclusion through a combination of research, education, partnerships and advocacy. Established in August 2014, it is the first and only global centre committed to promoting the human rights of stateless persons and ending statelessness. 2 ISI has made 20 country submissions to the Committee, developed a range of resources on the child’s right to a nationality and childhood statelessness, including a Toolkit on Addressing the Right to a Nationality through the Convention on the Rights of the Child, Statelessness Essentials Booklets on Childhood Statelessness, the Convention on the Rights of the Child, and other related issues. The 2017 World’s Stateless Report: Children and a range of resources on statelessness for children and educators. 3 See 1989 Convention on the Rights of the Child (hereafter CRC), Article 7. 4 See CRC, Article 3. 5 See CRC, Article 9.

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