laws and regional treaties should be promoted. This is particularly
important when new or revised nationality legislation is introduced,
notably upon State succession. Comprehensive guidance on the
attribution of nationality in situations of State succession is contained in
the Articles on the Nationality of Natural Persons in Relation to the
Succession of States of the International Law Commission.17
Constitutions may also contain relevant provisions with respect to
nationality, and the Guidance Note of the Secretary-General on United
Nations Assistance to Constitution-Making Process18 should be used as a
guide.
Legal advice can help States transpose international standards into
national legislation.19 The key standards to prevent statelessness include:
Grant of nationality to children born in territory if they would
otherwise be stateless;20
Grant of nationality to children born to a national abroad if they
would otherwise be stateless;21
Presumption that foundlings are nationals;22
Providing that, as a general rule, loss and deprivation of
nationality should not result in statelessness;23
Providing that voluntary renunciation of nationality shall not be
permitted if it results in statelessness;24
Equality between men and women with regard to acquisition,
change and retention of nationality and conferral of
nationality on children.25
Improving institutional capacity to document the civil status of
individuals: Where persons are at risk of statelessness due to lack of
evidence of nationality, support for the development of national capacity
to provide effective public administration, in particular, national civil
registration and documentation services, should be offered. Creative
approaches, such as through mobile registration units, or registering births
and civil status in conjunction with other national campaigns, such as
public-health inoculation drives, school enrollment, and social support
grants have all been proven to markedly increase birth registration
coverage. Through capacity-building and training, competent courts and
administrative authorities are in a position to accurately confirm whether
a person is a national, ensuring that all those who have acquired a
nationality under the legislation of a State are recognized as nationals in
17
Articles on Nationality of Natural Persons in Relation to the Succession of States (With Commentaries), 3 April 1999,
Supplement No. 10 (A/54/10), available at: http://www.refworld.org/docid/4512b6dd4.html.
18
UN Secretary-General, Guidance Note of the Secretary-General: United Nations Assistance to Constitution-making
Processes, April 2009, available at: http://www.refworld.org/docid/4b8648b52.html.
19
When doing so, it is important to note that these standards neither require a generalized grant of nationality based on
birth in the territory (jus soli) nor the acceptance by States of dual/multiple nationality.
20
1961 Convention on the Reduction of Statelessness, article 1, African Charter on the Rights and Welfare of the Child,
article 6, American Convention on Human Rights, art. 20, European Convention on Nationality, article 6.
21
1961 Convention on the Reduction of Statelessness, article 4.
22
1961 Convention on the Reduction of Statelessness, article 2.
23
1961 Convention on the Reduction of Statelessness, articles 7 and 8.
24
1961 Convention on the Reduction of Statelessness, article 7.
25
CEDAW, rticle 9 and ICCPR articles 23(4), 24(3) and 26.
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