Beyond International Law 67 Without the benefit of a sovereign to grant, guarantee, and protect rights, stateless children often lack the ability to obtain the most basic social, economic, and civic privileges. A number of factors contribute to statelessness among children. For example, many stateless children have inherited their legal situation from their parents who are also stateless when the state has failed to safeguard the children’s right to a nationality. Additionally, parents may emigrate from a country where citizenship is only conveyed jus soli (i.e., based on birth within a geographic area) to one where it is transferred solely by jus sanguinis (i.e., based on parentage).17 If the child’s parent or legal guardian neglects to register the child at birth or within prescribed legal limits,18 statelessness may result if other factors such as migration or state succession prevent the child from acquiring citizenship. In the event a child’s birth record is lost or destroyed, no other means may be available to link the child with a particular country. In addition, inequitable laws of a host state may prevent a woman from passing her citizenship to her child who might have no other claim to citizenship.19 Likewise, states may engage in other forms of discrimination, such as withholding nationality based on race20 or physical or mental incapacities.21 As a consequence of their precarious legal status, stateless children face a number of legal and practical challenges, including a lack of legal identity, denial of healthcare and public education, limited access to social welfare and child protection systems, deficient assistance during emergencies, inadequate protection from violence and abuse, and exploitation through child labour. To illustrate the complexity, widespread nature, and severity of the problem, the following discussion will highlight child statelessness in the Dominican Republic and Malaysia. While child statelessness exists across the entire world, this paper examines these two examples since each country possesses particular industries exploited by multinational corporations that have the opportunity to adopt policies and exert pressure to help alleviate child statelessness. 17 18 19 20 21 Such a scenario is particularly apt to occur with refugees. See generally Won Kidane, ‘Managing Forced Displacement by Law in Africa: The Role of the New African Union IDPS Convention’ (2011) 44 Vand J Transnat’l L 1, 27-28. Yamilée Mackenzie, ‘The Campaign for Universal Birth Registration in Latin America: Ensuring All Latin American Children’s Inherent Right to Life and Survival by First Guaranteeing Their Right to a Legal Identity’ (2009) 37 Ga J Int’l & Comp L 519, 526. Stephanie Palo, ‘Still Citizens after Marriage: Exploring Violations of Women’s Nationality Rights’ (2009) 30 Women’s Rts L Rep 673, 684-85; See also Kif Augustine-Adams, ‘Gendered States: A Comparative Construction of Citizenship and Nation’ (2000) 41 Va J Int’l L 93. Peter J. Spiro, ‘A New International Law of Citizenship’ (2011) 105 Am J Int’l L 694, 726-727. Ibid 726. tilburg law review 19 (2014) 64-73