9.7.4. It can never be in the best
interest of a child to be made stateless
or be deprived of nationality.
CRC, Art. 3(1): “In all actions concerning children, whether
undertaken by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration.
9.7.5. States must take all appropriate
measures to ensure that the child is
protected against all forms of
discrimination or punishment on the
basis of the status, activities, expressed
opinions, or beliefs of the child's
parents, legal guardians, or family
members.
ACERWC, Nubian Minors, para. 46: “ … being stateless as a child is
generally the antithesis to the best interests of the child.
173. In addition to the right to a nationality that is generally provided under international and regional
law, that right is also specifically tailored to children in a number of international and regional
legal instruments, such as the CRC (Articles 7 and 8), ICCPR (Article 24(3)), ACRWC (Article 6(3)),
and the Covenant on the Rights of the Child in Islam (Article 7(1)). Furthermore, the principle of
the best interests of the child is protected under the CRC (Article 3(1)), CRPD (Article 7(2)), the
Charter of Fundamental Rights of the EU (Article 24(2)), ACRWC (Article 4) and the Covenant on
the Rights of the Child in Islam (Article 3(3)).
174. Every child, defined in Article 1 CRC as any person under the age of eighteen, has the right to
acquire a nationality (Article 7(1) CRC) as well as to preserve this nationality. This latter right is
clear from Article 8(1) of the Convention on the Rights of the Child, which provides that States are
to “respect the right of the child to preserve his or her identity, including nationality . This article
is complemented by Article
to “provide appropriate assistance and protection, with a view to
re-establishing speedily his or her identity in cases where “a child is illegally deprived of some or
all of the elements of his or her identity .305 Whenever a child is deprived of nationality, a State
thus risks violating the provisions of the CRC, as well as other international standards.
175. In particular, the four guiding principles of the CRC non-discrimination, best interests of the
child, respect for the views of the child and the right to life, survival and development individual
and cumulatively, can be adversely impacted by deprivation of nationality. Indeed, many children
who are deprived of the nationality of a country they consider their own have to deal with
discrimination from an early age.306 It has also been shown that children who are deprived of their
nationality and/or stateless cannot access certain important rights, including health care and
education, which has a negative impact on the development of the child.307 Furthermore, “in all
actions concerning children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests of the child shall
be a primary consideration .308 Considering the negative impact of deprivation of nationality on
305
Art. 8(2) CRC.
UNHCR, ‘I Am Here, I Belong. The Urgent Need to End Childhood Statelessness‘ November
https://www.unhcr.org/ibelong/wp-content/uploads/2015-10-StatelessReport_ENG16.pdf.
307
UNHCR, ‘I Am Here, I Belong. The Urgent Need to End Childhood Statelessness‘ November
308 Art. 3(1) CRC.
306
84
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