Chapter 1. Introduction has made recommendations to states in its concluding observations in order to ensure gender equal nationality laws.176 The almost universally ratified Convention on the Rights of the Child (CRC)177 of 1989 includes, similar to the ICCPR, a right for every child to acquire a nationality178, but also explicitly mentions preventing statelessness.179 Furthermore, the CRC obliges states to ensure that children are registered immediately after birth180 and includes a non-discrimination provision specific to children.181 Furthermore, states are obliged to respect the right of the child to preserve his or her identity, including nationality, as recognized by law without unlawful interference. Where a child is illegally deprived of some or all of the elements of his or her identity, states are to provide assistance and protection.182 As such, the CRC is definitely relevant to addressing childhood statelessness.183 The CRC Committee monitors the CRC, but has not yet addressed the children’s right to a nationality in a General Comment.184 Nonetheless, Article 7 CRC has been the subject of concluding observations and recommendations by the CRC Committee.185 In 1990, another human rights treaty was adopted in the context of the UN: the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICMW).186 The relevant provisions here are similar to those already included in the other human rights treaties above, but are specific to (children of) migrant workers: the principle of non-discrimination187, the right to registration 176 177 178 179 180 181 182 183 184 185 186 187 ISI, ‘Statelessness & Human Rights: The Convention on the Elimination of All Forms of Discrimination against Women’ (2018) Statelessness Essentials No. 7 <www.institutesi.org/ statelessness_and_CEDAW.pdf> accessed 4 September 2021. Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC). Art 7(1) CRC. Art 7(2) CRC: “States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” Art 7(1) CRC. Art 2 CRC. Art 8 CRC. See also ISI, ‘Statelessness & Human Rights: The Convention on the Rights of the Child’ (2018) Statelessness Essentials No. 6 <https://fi les.institutesi.org/statelessness-and-CRC.pdf> accessed 4 September 2021. Some useful language can, however, be found in the Joint General Comments of the CRC and the CMW: CMW & CRC, ‘Joint General Comment No. 3/22 on the General Principles regarding the Human Rights of Children in the Context of International Migration’ (2017) CMW/C/GC/3-CRC/C/ GC/22; CMW & CRC, ‘Joint General Comment No. 4/No. 23 on State Obligations regarding the Human Rights of Children in the Context of International Migration in Countries of Origin, Transit, Destination and Return’ (2017) CMW/C/GC/4-CRC/C/GC/23. ISI, ‘Nationality and Statelessness under the CRC’ (2017) <www.statelessnessandhumanrights.org/ crc/nationality-statelessness-under-the-crc> accessed 4 September 2021. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3 (ICMW). The Committee on Migrant Workers (CMW) monitors implementation of the ICMW. Art 1 & 7 ICMW. Intersentia 37