Abstract
The pivotal juncture in guaranteeing a person’s right to a nationality is the moment of birth. If a child does not secure a nationality at birth, he or she may be left stateless for many years, or even a lifetime - with severe consequences. Childhood statelessness threatens access to education, an adequate standard of living, social assistance, health care and other specific forms of protection to which children are entitled. This is why a child’s right to acquire a nationality is laid down in numerous international instruments, including the almost universally ratified 1989 Convention on the Rights of the Child (CRC). Yet new cases of childhood statelessness surface around the world every day, raising the issue to what extent states’ international obligations are being effective implemented. A second issue is whether the international standards themselves are adequate or are in need of further clarification. Guided by such questions, this chapter looks at the scope and implementation of the right to a nationality generally, and from the specific perspective of the avoidance of childhood statelessness. In this latter regard, it asks: When is a child considered to be ‘otherwise stateless’ for the purposes of invoking the standards to acquire a nationality under relevant instruments? How are nationality norms to be applied in the context of complex situations in order to avoid statelessness, such as those involving abandoned children, international adoption or surrogacy arrangements, or foundlings? These questions are explored through an analysis of core universal and regional human rights instruments, as well as the specific rules on the avoidance of statelessness among children found in the 1961 Convention on the Reduction of Statelessness (1961 Convention) and those developed within the framework of the Council of Europe, which offers the most detailed and comprehensive set of regional standards elaborated on this issue to date.
Original language | English |
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Title of host publication | Nationality and statelessness under international law |
Editors | A. Edwards, L. van Waas |
Place of Publication | Cambridge |
Publisher | Cambridge University Press |
Pages | 144-168 |
ISBN (Print) | 978-11-0703-244-6 |
DOIs | |
Publication status | Published - 1 Jan 2014 |