Fees 40. Where Contracting States grant nationality to otherwise stateless individuals upon application, they should accept such applications free of charge. Indirect costs, such as for authentication of documents, must not constitute an obstacle for otherwise stateless individuals to exercise the right to acquire the nationality of Contracting States. Importance of birth registration 41. While the rules set out in the 1961 Convention operate regardless of whether a child’s birth is registered, registration of the birth provides a key form of proof which underpins implementation of the 1961 Convention and related human rights norms. CRC Article 7 specifically requires the registration of the birth of all children and applies irrespective of the nationality or residence status of the parents. Implementation of treaty obligations in national law 42. Contracting States are encouraged to formulate their nationality regulations in a way that makes clear the procedures by which they are implementing their obligations under Articles 1 to 4 of the 1961 Convention. This also applies for countries in which, according to their Constitutions or legal systems, international treaties are directly applicable. Foundlings 43. Children found abandoned on the territory of a Contracting State must be treated as foundlings and accordingly acquire the nationality of the country where found. Article 2 of the 1961 Convention does not define an age at which a child can be considered a foundling. The words for ‘foundling’ used in each of the five authentic texts of the Convention (English, French, Spanish, Russian and Chinese) reveal some differences in the ordinary meaning of these terms, in particular with regard to the age of the children covered by this provision. State practice reveals a broad range of ages within which this provision is applied; several Contracting States limit granting nationality to foundlings that are very young (12 months or younger) while most Contracting States apply their rules in favour of foundlings to older children, including in some cases up to the age of majority. 44. At a minimum, the safeguard for Contracting States to grant nationality to foundlings should apply to all young children who are not yet able to communicate accurately information pertaining to the identity of their parents or their place of birth. This flows from the object and purpose of the 1961 Convention and also from the right of every child to acquire a nationality. A contrary interpretation would leave some children stateless. 11

Select target paragraph3