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.
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