The international legal framework and standards for birth registration and prevention of
childhood statelessness
Statelessness determination required for the acquisition of nationality: In
2020, the UN Human Rights Committee found that the child’s right to a nationality
means that host States have an obligation under the ICCPR to assess whether a
child is stateless and thus eligible to acquire the nationality of the host State as a
stateless child born on the territory.28
In addition to the international treaties mentioned above, some OSCE participating
States are parties to various regional treaties relating to statelessness or which have an
impact on stateless people’s rights to residence permits, acquisition of nationality and
other matters.29
It is also essential to remember that, in addition to the right to legal identity and nationality,
children have many rights whilst they remain stateless, enshrined in the Convention on
the Rights of the Child, the International Covenant on Civil and Political Rights and other
international and domestic law, including, for example, rights to education, health care,
consideration of best interests, an adequate standard of living and freedom from arbitrary
detention. States must ensure that stateless children can access all rights guaranteed to
them by applicable international or domestic law and remove barriers to the full enjoyment
of these rights.30
International legal framework for birth registration
Universal birth registration is a vital measure that can greatly reduce the incidence of
childhood statelessness. Birth registers record key information that is often needed to
establish nationality:31 place of birth, date of birth and identity of parents (and, where
appropriate, the parents’ nationality(ies)).
28
29
30
31
14
Decision CCPR/C/130/D/2918/2016, United Nations, UN Human Rights Committee - D.Z. v. Netherlands,
decided 19 December 2020.
E.g.: European Convention on Human Rights, European Court of Human Rights and Council of Europe, ETS
No. 005, adopted 4 November 1950.; and European Convention on Nationality, Council of Europe, ETS No.
166, adopted 6 November 1997.
These rights are, in many cases, also linked to Sustainable Development Goals (SDGs). For example, SDGs 1
and 2, to end poverty and hunger, cannot be achieved if stateless people — who often live in poverty due to
their lack of nationality — are not included in measures to end poverty and hunger. Similarly, Target 16.9 — to
provide legal identity for all — cannot be achieved if statelessness is not addressed, for example through
birth registration and nationality documentation, through which children can be issued proof of legal identity.
See Briefing Note: The Sustainable Development Goals and Addressing Statelessness, UNHCR, 2017.
Ending Childhood statelessness in Europe, UNHCR, UNICEF, January 2019.