European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
documentary proof of birth may create a risk of statelessness or arbitrary
deprivation of nationality,201 States must remove legal and practical
obstacles to birth registration 202 and establish effective and accessible
registration systems 203 that are responsive to the specific circumstances of
families.204
Finally, children must not be arbitrarily deprived of their nationality.
Deprivation of nationality may be considered arbitrary and/or violate
international law, especially when it results in statelessness205 and is
discriminatory on any grounds.206 Consequently, States must ensure that
effective and appropriate remedies are available to all persons whose right to
a nationality has been violated, 207 including restoration of nationality and
expedient provision of documentary proof of nationality. 208 Such remedies
should be appropriately adapted so as to take account of the special
vulnerability of certain categories of person, particularly children. 209 A child
who has been illegally deprived of some or all elements of their identity
must be provided with appropriate assistance and protection in order to
speedily re-establish their identity.210
UNHCR, “Quick Reference Guide - Statelessness and Human Rights Treaties”, p. 2;
UNHCR, “Nationality and Statelessness: Handbook for Parliamentarians N° 22”, July 2014, p. 37.
202 CMW and CommRC, “Joint General Comment No. 4 (2017) of the CMW and No. 23 (2017) of the CRC
on State Obligations Regarding the Human Rights of Children in the Context of International Migration
in Countries of Origin, Transit, Destination and Return”, CMW/C/GC/4-CRC/C/GC/23, 16 November
2017, pp. 20-22.
203 OHCHR, “Birth Registration and the Right of Everyone to Recognition Everywhere as A Person Before
the Law”, 17 June 2014, A/HRC/27/22, paras .3-4; CommRC, “General Comment No. 11 (2009):
Indigenous Children and their Rights Under the Convention on the Rights of the Child,” CRC/C/GC/11,
12 February 2009, para. 41.
204 CommRC, “General Comment No. 7 (2005): Implementing Child Rights in Early Childhood,”
CRC/C/GC/7/Rev.1, 20 September 2006, para. 25.
205 1961 Convention on the Reduction of Statelessness, Article 8 (1); ECN, Article 7 (3). CRC, Article 3(1);
European Charter, Article 24; 1961 Convention on the Reduction of Statelessness, Article 7 and 8. See
also: Human Rights Council, “Human rights and arbitrary deprivation of nationality: Report of the
Secretary-General”, 19 December 2013, A/HRC/25/28, para. 4; ECJ, “Rottmann v Freistaat Bayern”,
Case C-135/08, ECR I-01449, 2010, para. 57; Carol A. Batchelor, “Transforming International Legal
Principles into National Law: The Right to a Nationality and the Avoidance of Statelessness”, Refugee
Survey Quarterly, Volume 25, Issue 3, 2006, pp. 8-25; Brad K. Blitz, “Statelessness, Protection and
Equality”, Forced Migration Policy Briefing 3, Oxford Refugee Studies Centre, September 2009.
206 1961 Convention on the Reduction of Statelessness, Article 9.
207 UDHR, Articles 8 and 10; ICCPR, Articles 2(3) and 14(1).
208 HRComm, “General Comment No. 31 - The Nature of the General Legal Obligation Imposed on States
Parties to the Covenant”, CCPR/C/21/Rev.1/Add.13, 26 May 2004, paras. 15-19; Human Rights Council,
“The right to a nationality: women and children”, 16 July 2012, A/HRC/RES/20/4, para. 10. See also:
OSJI/ISI, “Principles on Deprivation of Nationality as a Security Measure,” 2020, Principle 9.7.1.
209 HRComm, “General Comment No. 31 - The Nature of the General Legal Obligation Imposed on States
Parties to the Covenant”, CCPR/C/21/Rev.1/Add.13, 26 May 2004, para. 15.
210 Article 8 (2) of CRC, and CRC, “General Comment No. 11 (2009): Indigenous children and their rights
under the Convention [on the Rights of the Child],” 12 February 2009, CRC/C/GC/11, para. 45.
201
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