A/HRC/31/29
family. Article 27 of the Convention on the Rights of the Child provides for the right of
every child to a standard of living adequate for the child's physical, mental, spiritual, moral
and social development. The negative impact of the arbitrary deprivation of nationality on
the livelihood prospects of parents and consequently the standard of living of the whole
family, including children, can be significant. Most stateless children live in poverty, 66
which is further exacerbated in situations of intergenerational statelessness, where, owing to
discriminatory treatment, the arbitrary deprivation of nationality has carried on from one
generation to the next.
G.
Protection from economic exploitation
39.
According to article 32 of the Convention on the Rights of the Child, States should
protect all children from economic exploitation and from performing work that is hazardous
or interferes with the child’s education. Stateless children who have been denied access to
education, have no documentation and live in poverty often have no choice but to undertake
hazardous and exploitative work.67 Significantly, upon attaining majority, stateless persons
often have no access to the workforce for these very same reasons. 68
H.
Child trafficking
40.
Article 35 of the Convention on the Rights of the Child requires States to take
measures to prevent the abduction, sale or trafficking of children for any purpose or in any
form. The arbitrary deprivation of nationality of children may, however, heighten their
vulnerability to being trafficked.69 The African Committee of Experts on the Rights and
Welfare of the Child, in its general comment on article 6 of the African Charter on the
Rights and Welfare of the Child, found that children without birth certificates or a
nationality were more vulnerable to abuses such as sexual exploitation, human trafficking
and recruitment into armed forces. Children who have been both arbitrarily deprived of
their nationality and forced to flee persecution are particularly vulnerable. 70
I.
Freedom from torture or other cruel, inhuman or degrading treatment
or punishment and freedom from arbitrary deprivation of liberty
41.
Article 37 (a) of the Convention on the Rights of the Child states that no child
should be subjected to torture or other cruel, inhuman or degrading treatment or
punishment.71 Article 37 (b) stipulates that no child should be deprived of his or her liberty
unlawfully or arbitrarily. 72 Despite these legal norms, stateless children in context of
migration or forced displacement are more vulnerable to arbitrary and lengthy immigration
detention because their lack of a nationality makes it impossible to remove them from the
country within a reasonable period of time. Such detention may be considered in violation
66
67
68
69
70
71
72
See UNHCR, Under the Radar and Under-protected, Geneva, 2012, p. 9.Submission from Lebanon.
Ibid. See also UNHCR, I am here, I belong.
UNHCR, I am here, I belong (see footnote 1)
Human Rights Council resolution 26/14, para. 9. See also submission from the Human Rights
Procurator’s Office of Nicaragua.
Submission from Christian Solidarity Worldwide.
See also Universal Declaration of Human Rights, art. 5 and International Covenant on Civil and
Political Rights, art. 7.
See also Universal Declaration of Human Rights, art. 3 and International Covenant on Civil and
Political Rights, art. 9.
13
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