A/HRC/13/34 women can also result in children being stateless where they cannot acquire their father’s nationality. The Human Rights Committee, in its general comment No. 28, and the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child in numerous concluding observations have stressed that there must be no discrimination between men and women in their capacity to transmit their nationality to children. 33. Discrimination on the grounds of race, colour, descent or national or ethnic origin falls under the scope of the Convention on the Elimination of All Forms of Racial Discrimination. With regard to the acquisition of nationality, the Committee on the Elimination of Racial Discrimination, in its general recommendation XXX, recommended that States parties ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization, and pay due attention to possible barriers to naturalization that may exist for long-term or permanent residents, and to take into consideration that, in certain cases, denial of citizenship for long-term or permanent residents could result in creating a disadvantage for them in access to employment and social benefits, in violation of the anti-discrimination principles of the Convention. 34. In its judgment of 8 September 2005, on the case Girls Yean and Bosico v. Dominican Republic, the Inter-American Court of Human Rights also underlined the prohibition of discrimination regarding access to a nationality. 35. According to the independent expert on minority issues, the principle of nondiscrimination should be regarded as a norm of international law that admits no derogation (A/HRC/7/23, para. 35). The principle of non-discrimination is also dealt with in article 15 of the draft articles on nationality of natural persons of the International Law Commission. In its commentary, the Commission recalled that the principle of non-discrimination has a solid legal basis in both treaty law and international jurisprudence. In this context, the Commission recalled the advisory opinion of the Permanent Court of International Justice on the question concerning the acquisition of Polish nationality, in which the Court referred to, inter alia, the problem of States refusing their nationality to certain categories of persons on the basis of racial, religious or linguistic grounds in spite of the link attaching these persons to the territory allocated to these States.4 36. From a more general perspective, it should be taken into account that, regardless of the general rules regulating nationality issues at the domestic level, States should ensure that safeguards are in place to ensure that nationality is not denied to persons with relevant links to that State who would otherwise be stateless. Article 7, paragraph 2, of the Convention on the Rights of the Child explicitly requires States parties to ensure the implementation of the right to acquire a nationality in accordance with their national legislation and their obligations under the relevant international human rights instruments, in particular where the child would otherwise be stateless. Similarly, the Human Rights Committee, in its general comment No. 17, states, in the context of the provision of article 24, paragraph 3, of the Covenant, that the purpose of that provision is to prevent a child from being afforded less protection by society and the State because he is stateless. While the Committee recognizes that States do not necessarily have an obligation to grant their nationality to every child born in their territory, they should take every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he or she is born. 4 GE.09-17512 Yearbook of the International Law Commission, 1999, vol. II (2), p. 37. 9

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