A/HRC/13/34 respect the right of the child to preserve his or her identity, including their nationality, as recognized by law, without unlawful interference. 8. Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women indicates that States parties should grant women equal rights with men with respect to the nationality of their children. According to the Convention, States parties should also grant women equal rights to acquire, change or retain their nationality, and ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage will automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. Similar guarantees on the nationality of married women are contained in the Convention on the Nationality of Married Women. 9. According to article 18 of the Convention on the Rights of Persons with Disabilities, States parties should recognize, inter alia, the right of persons with disabilities to a nationality, on an equal basis with others, including by ensuring that persons with disabilities have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability. The Convention also recognizes that children with disabilities should have the right to acquire a nationality. 10. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families specifies in article 29 that children migrant workers have the right to a nationality. 11. On a regional level, numerous instruments also guarantee the right to a nationality. For instance, article 6 of the African Charter on the Rights and Welfare of the Child provides for the right of children to acquire a nationality, and specifies that States parties’ legislation should provide for the acquisition of nationality by children born in their territory who are not granted the nationality of another State. 12. Article 20 of the American Convention on Human Rights provides that every person has the right to a nationality, and that every person has the right to the nationality of the State on whose territory he or she was born if he or she does not have the right to any other nationality. The Convention also provides that no one should be arbitrarily deprived of his or her nationality or of the right to change it. 13. The revised Arab Charter on Human Rights provides, in article 29, that everyone has the right to nationality and that no one should be arbitrarily or unlawfully deprived of their nationality. The Charter also provides that States parties should take such measures as they deem appropriate, in accordance with their domestic laws on nationality, to allow a child to acquire the mother’s nationality, having due regard, in all cases, to the best interests of the child. 14. Article 7 of the Covenant on the Rights of the Child in Islam provides that a child has the right from birth to have his or her nationality determined, that States parties should safeguard the child’s identity, including his or her nationality, and will make every effort to resolve the issue of statelessness for any child born on their territory or to any of their citizens outside their territory. Furthermore, it provides that children of unknown descent have the right to a nationality. 15. Article 4 of the European Convention on Nationality provides that the rules on nationality of each State party should be based on the principles that everyone has the right to a nationality; that statelessness is to be avoided; and that no one should be arbitrarily deprived of his or her nationality. Other provisions of the Convention provide for the obligation of States to realize these principles. 16. Finally, article 24 of the Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms provides that everyone has the right to 4 GE.09-17512

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