Legal advice can help States transpose international standards into national
legislation.17 The key standards to prevent statelessness include:
Grant of nationality to children born in territory if they would otherwise be
stateless;18
Grant of nationality to children born to a national abroad if they would
otherwise be stateless;19
Presumption that foundlings are nationals;20
Providing that as a general rule, loss and deprivation of nationality should not
result in statelessness;21
Providing that voluntary renunciation of nationality shall not be permitted if it
results in statelessness;22
Equality between men and women with regard to acquisition, change and
retention of nationality and conferral of nationality on children.23
•
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 registration and
documentation services should be offered. Particular emphasis on improving
birth registration is critical in this regard. 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, should
be pursued. 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 practice.
Working with the judiciary can also enhance the interpretation and application
of nationality legislation in line with international standards so as to prevent
statelessness.
•
Empowering individuals: People must be aware of their rights and related
procedures on acquisition of nationality by their children, protection against
loss and deprivation of nationality and access to identity and nationality
documentation. Public information and education campaigns are important
activities in this regard and some individuals may require legal assistance in
order to avail themselves of such rights and procedures. Civil society plays a
critical role, for instance, by highlighting the importance of birth registration
and assisting parents to secure birth certificates for their children through
17
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.
18
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.
19
1961 Convention on the Reduction of Statelessness, article 4.
20
1961 Convention on the Reduction of Statelessness, article 2.
21
1961 Convention on the Reduction of Statelessness, articles 7 and 8.
22
1961 Convention on the Reduction of Statelessness, article 7.
23
CEDAW, rticle 9 and ICCPR articles 23(4), 24(3) and 26.
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