Too old to be a ‘foundling’? – International standards and comparative analysis –
B. UN Official Language Versions
Further, some of the UN official-language versions of Article 2, as discussed in section III.D, use
different terms that may cover different age ranges of children.112 Article 33 of VCLT sets out that
when a comparison of the authentic texts discloses a difference of meaning, and the application of
Articles 31 and 32 of VCLT does not resolve such a dispute, the meaning that best reconciles the
texts, having regard to the object and purpose of the treaty, is to be adopted. It is to be noted here
that the French version of the 1961 Convention uses ‘enfant (trouvé).’ The French term enfant according to Larousse Dictionary – apart from meaning a ‘son or daughter’ of a parent, or ‘boy or
girl before adolescence’. However, it also means a minor in a legal sense, as per the equivalent
term to the English word ‘child’ in the French version of CRC, which is defined in its Article 1 as a
‘human being below the age of eighteen years’ unless majority is attained earlier in accordance with
domestic law. It can be said that, at least based on the ordinary meaning of the French term enfant,
the age of a foundling in Article 2 of the 1961 Convention can be beyond newborn babies or young
children.
C. Travaux Préparatoires
As stated in section III.B, during the travaux of the 1961 Convention, there was no particular discussion
on the definition of a foundling per se, let alone the maximum age of a foundling. Nevertheless, it
should be noted that throughout the records of drafting conference sessions where the foundling
provision was discussed, the term ‘foundling’ or ‘child’ (‘enfant’ in French, in the context of the 1930
Convention travaux)113 was consistently used to refer to its beneficiary. Neither the term ‘infant’ nor
a ‘baby’ was used.114 Notably, there is at least one mention by the representative of Israel indicating
that Israel regarded minors (of unknown parents) as ‘foundlings’:
In most countries represented at the Conference, foundlings in any case enjoyed government
protection during their minority (emphasis added).115
Indeed, as mentioned in section IV.A, Israel’s nationality law before the adoption of the 1961
Convention had a foundling provision granting, while through discretionary naturalisation, nationality
to a minor of unknown parents. No particular dissenting opinions were raised. Thus, it can be said
that at least for some states during the travaux, the term ‘foundling’ encompassed a minor.
112 For more details see Kaneko-Iwase, sec 3.3.2. Nationality of Foundlings (n 2) 84-86.
113 POINT VII, League of Nations, Bases of Discussion Drawn up for the Conference by the Preparatory Committee, Volume I Nationality
(Volume I-C.73.M.38.I929. V-BI-Geneva) (Conference for the Codification of International Law, May 1929) 61-67.
114 United Nations, Summary Records, UN Conference on the Elimination or Reduction of Future Statelessness, Geneva, 1959, 9th
Plenary Meeting held on 15 April 1959, A/CONF.9/SR.9; 5th Plenary Meeting held on 31 March 1959, A/CONF.9/SR.5; and the 5th
Meeting of the Committee of the Whole held on 3 April 1959, A/CONF.9/C.1/SR.5.
115 ibid, 5th Meeting of the Committee of the Whole held on 3 April 1959, A/CONF.9/C.1/SR.5 (3 April 1959) 8.
European University Institute
26