The 1989 Convention on the Rights of the Child (CRC), which has been ratified by almost
every State, contains three important articles relevant to nationality:
Article 2 stipulates that:
“States Parties shall respect and ensure the rights set forth in the… Convention to
each child within their jurisdiction without discrimination of any kind, irrespective
of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.”
Article 7 states that:
“The child shall be registered immediately after birth and shall have the right from
birth to a name, the right to acquire a nationality, and, as far as possible, the right
to know and be cared for by his or her parents.”
Article 8 (1) provides that:
“States Parties undertake to respect the right of the child to preserve his or her
identity, including nationality, name and family relations as recognized by law
without unlawful interference.”
Article 29 of the 1990 Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families states that:
“Each child of a migrant worker shall have the right to a name, to registration of
birth and to a nationality.”
Article 18 of the 2006 Convention on the Rights of Persons with Disabilities states that:
“1. States Parties shall recognise the rights of persons with disabilities to liberty of
movement, to freedom to choose their residence and to a nationality, on an equal
basis as others, including by ensuring that persons with disabilities:
(a) Have the right to acquire and change a nationality and are not deprived of their
nationality arbitrarily or on the basis of disability;
2. Children with disabilities shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a nationality and, as far as
possible, the right to know and be cared for by their parents.”
14