Impact of International Human Rights Norms on the 1961
Convention
1. Article 15 of the Universal Declaration of Human Rights establishes the right
of every person to a nationality. This right is fundamental for the enjoyment in
practice of the full range of human rights. The object and purpose of the 1961
Convention is to prevent and reduce statelessness, thereby guaranteeing every
individual’s right to a nationality. The Convention does so by establishing
rules for Contracting States on acquisition, renunciation, loss and deprivation
of nationality.
2. The provisions of the 1961 Convention, however, must be read in light of
subsequent developments in international law, in particular international
human rights law. Of particular relevance are treaties such as the 1965
International Convention on the Elimination of All Forms of Racial
Discrimination (CERD), the 1966 International Covenant on Civil and
Political Rights (ICCPR), the 1979 Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW), the 1989 Convention on
the Rights of the Child (CRC) and the 2006 Convention on the Rights of
Persons with Disabilities. Regional human rights instruments, such as the
1969 American Convention on Human Rights, the 1990 African Charter on
the Rights and Welfare of the Child, the 1997 European Convention on
Nationality, the 2004 Arab Charter on Human Rights, the 2005 Covenant on
the Rights of the Child in Islam, and the 2006 Council of Europe Convention
on the avoidance of statelessness in relation to State succession are also
relevant.
Paramount importance of the Convention on the Rights of the Child and regional
human rights treaties that recognize the right of every child to acquire a nationality
3. The CRC is of paramount importance in determining the scope of the 1961
Convention obligations to prevent statelessness among children. All save two
United Nations Members States are party to the CRC. All Contracting States to
the 1961 Convention are also party to the CRC.
4. Several provisions of the CRC are important tools for interpreting Articles 1 to 4
of the 1961 Convention. CRC Article 7 guarantees that every child has the right
to acquire a nationality while CRC Article 8 ensures that every child has the
right to preserve his or her identity, including nationality. CRC Article 2 is a
general non-discrimination clause which applies to all substantive rights
enshrined in the CRC, including Articles 7 and 8. CRC Article 3 also applies in
conjunction with Articles 7 and 8 and requires that all actions concerning
children, including in the area of nationality, must be undertaken with the best
interests of the child as a primary consideration.
5. It follows from CRC Articles 3 and 7 that a child may not be left stateless for
an extended period of time. The obligations imposed on States by the CRC are
not only directed to the country of birth of a child, but to all countries with
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