Stand-alone unit C
Children, nationality and statelessness
Summary
This stand-alone unit discusses the
problem of statelessness among
children with a particular focus
on the prevention of childhood
statelessness. Students are first
provided with an introduction to
the concepts of nationality and
statelessness. The scale and impact
of the problem of statelessness
worldwide is discussed and
the specific consequences of
statelessness for children are
identified. Next, students take a
closer look at how children may be
vulnerable to statelessness. They
are shown the potential for a conflict
of laws relating to the attribution
of nationality to a newborn child
– jus soli and jus sanguinis – that
may lead to statelessness at birth.
Students also look at the situation of
foundlings, children born to migrant
or refugee parents, children involved
in international adoption and the
role of birth registration. Since the
nationality of a dependent child often
remains linked to the nationality of
the careful focus on safeguards
against statelessness that do not
further impinge on the freedom of
States to regulate nationality versus
the failure to rule out the creation
of statelessness in a number of
circumstances. In parallel to the
assessment of the 1961 Convention,
other relevant international norms
are introduced. Thus, the many
re-statements of the right of every
child to acquire a nationality and the
right to be registered at birth, found
in universal and regional human
rights instruments are presented.
The content and scope of these
provisions are discussed and an
overall evaluation can be made of
how international law deals with
the various ways that children may
encounter statelessness. Time
allowing, the role of bodies such as
the Committee on the Rights of the
Child and organisations such as
UNICEF in developing policy and
undertaking activities to prevent
statelessness can also be looked at.
his or her parents, students discuss
the potential threat of statelessness
where loss of citizenship of the
parent automatically affects the
citizenship of the child, as well
as the potential for reduction of
statelessness among children where
the acquisition of citizenship (e.g. by
naturalisation) of the parent leads to
acquisition of citizenship by the child.
The relevant provisions of the 1961
Convention on the Reduction of
Statelessness are identified and
their effectiveness in preventing
statelessness among children
is discussed. To this end, some
background on history, approach
and overall content of the 1961
Convention is offered. Students are
asked to evaluate the strengths and
weaknesses of the 1961 Convention,
including by weighing up the level
of detail of the safeguards against
statelessness versus the lack of
guidance in determining when
the Convention is applicable and
Learning objectives
Describe the problem of statelessness, its scale and
•consequences.
•
Explain the ways in which children may find themselves
at risk of statelessness.
•
Discuss the overall approach and content of the 1961
Convention on the Reduction of Statelessness.
Appreciate the strengths and weaknesses of
•international
standards for the avoidance of statelessness
among children.
Identify some of the actors that are involved in tackling
•statelessness
among children and discuss the ways in
which they are contributing to a response to this issue.
A Guide to Teaching on Statelessness 11