I.
INTRODUCTION
a) Overview
1. Article 15 of the Universal Declaration of Human Rights establishes the right of every
person to a nationality. The Convention on the Rights of the Child (“CRC”) states that every
child has the right to acquire a nationality. The object and purpose of the 1961 Convention on
the Reduction of Statelessness (“1961 Convention”) is to prevent and reduce statelessness,
thereby ensuring every individual’s right to a nationality, including every child’s right to acquire
a nationality. The 1961 Convention establishes rules on acquisition, renunciation, loss and
deprivation of nationality.
2. Articles 1-4 of the 1961 Convention principally concern acquisition of nationality by
children. The cornerstone of efforts to prevent statelessness among children is the safeguard
contained in Article 1 of the 1961 Convention. Article 1 gives a child who would otherwise be
stateless the right to acquire the nationality of his or her State of birth through one of two
means. A State may grant its nationality automatically, by operation of law (ex lege) to
children born in its territory who would otherwise be stateless. Alternatively, a State may grant
nationality to such individuals later upon application. The grant of nationality on application
may, according to Article 1(2), be subject to one or more of four conditions as discussed in
greater detail in paragraphs 36-48 of these Guidelines.
3. The 1961 Convention further includes provisions for acquisition of the mother’s nationality
by descent if the child was born in the mother’s State and would otherwise be stateless
(Article 1(3)), acquisition of the nationality of a parent by descent via an application procedure
for individuals who do not acquire nationality of the State of birth (Article 1(4)), and on
acquisition of the nationality of a parent by descent for individuals born abroad who would
otherwise be stateless (Article 4). Article 2 contains a provision regulating nationality of
foundlings while Article 3 establishes a rule regulating the territorial scope of the Convention.
Article 12 sets out transitional provisions covering the temporal scope of Article 1. All of these
provisions are discussed at greater length below.
4. As set out in Article 17 of the 1961 Convention, Contracting States are not permitted to
make reservations to Articles 1-4. However, as noted above, some provisions permit
Contracting States to make a choice between two or more ways to address statelessness
amongst children.
5. These Guidelines are intended to assist States, UNHCR, and other actors to interpret and
apply Articles 1-4 and Article 12 of the 1961 Convention.
b) General Considerations for the Interpretation of the 1961 Convention
6. Articles 1-4 of the 1961 Convention are to be interpreted in good faith and in accordance
with the ordinary meaning of the terms used in the text, in their context and in light of the
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object and purpose of the Convention. Where relevant, these Guidelines also refer to the
drafting history of the treaty and similarities or differences with corresponding obligations in
other, in particular more recent, treaties.
7. With respect to interpreting the plain language of the text of the Convention, it is important
to acknowledge that the Convention was drafted in five official United Nations languages
(Chinese, English, French, Russian and Spanish) and that all five language versions are
equally authentic. There are some minor discrepancies in meaning between the different
language versions but these are resolved through application of the rules of treaty
interpretation and, in particular, by recourse to the meaning which best reconciles the texts,
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having regard to the object and purpose of the treaty.
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Please see Article 31 of the Vienna Convention on the Law of Treaties, UNTS 1155, 331.
Please see Article 33 of the Vienna Convention on the Law of Treaties, UNTS 1155, 331.
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