A/HRC/31/29
generally have no claim. All other human rights are to be enjoyed by all persons, including
children who have been arbitrarily deprived of their nationality. 54
28.
There is no legal basis upon which States that have arbitrarily deprived a child of his
or her nationality can justify the denial of other human rights to the child on grounds of his
or her resulting statelessness. Repeatedly, however, the invisibility of stateless children to
the eyes of society causes the violation of their rights to go unnoticed. 55
29.
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,
stated that the overall negative impact of statelessness on children cannot be
overemphasized. “While it is always no fault of their own, stateless children often inherit an
uncertain future […:] difficulty to travel freely, difficulty in accessing justice procedures
when necessary, as well as the challenge of finding oneself in a legal limbo vulnerable to
expulsion from their home country. Statelessness is particularly devastating to children in
the realization of their socio-economic rights such as access to health care, and access to
education.” Other challenges to the enjoyment of human rights that stateless children face
include obtaining a birth certificate and other forms of legal and identity documentation and
benefiting from social security. Stateless children may furthermore be vulnerable to
arbitrary and lengthy detention and, in extreme cases, vulnerable to exploitation and
abuse.56
30.
The principles of non-discrimination, enshrined in all core international human
rights instruments, and of the best interests of the child, contained in article 3 of the
Convention on the Rights of the Child, are, as noted above, guiding principles in the
realization of the rights of the child. The most pervasive and negative human rights
consequence of the arbitrary deprivation of nationality of children is the continuous
violation of their right to be free from discrimination and the ongoing disregard for their
best interests. Such a situation has, in turn, a negative impact on their enjoyment of all other
human rights.
A.
Right to an identity
31.
The right to an identity is intimately linked to the right to a nationality. 57 Article 8 of
the Convention on the Rights of the Child requires States to respect the right of the child to
preserve his or her identity, including nationality, name and family relations. The arbitrary
deprivation of nationality strips the child of a key element of his or her identity and
undermines the enjoyment of other elements of the child’s identity. The nexus between the
arbitrary deprivation of nationality of children and the denial of other aspects of a child’s
identity, and the impact this has on the enjoyment of other human rights, was addressed by
the Inter-American Court of Human Rights when it stated that, by not granting children
nationality, the State concerned placed them “in a situation of extreme vulnerability” and
that it “violated their right to nationality as well as other rights, namely: the right to
54
55
56
57
10
International law allows for certain restrictions on the rights of non-nationals, for example, in relation
to freedom of movement or the right to work. This is a disadvantage to stateless persons, who have no
nationality. Such restrictions must nevertheless be construed so as to avoid undermining the basic
prohibition of discrimination (see Committee on the Elimination of Racial Discrimination, general
recommendation No. 30,CERD/C/64/Misc.11/Rev.3, para. 2)
Submission from the Human Rights Procurator’s Office of Nicaragua.
UNCHR, I am here, I belong (see footnote 1), p. 18.
Submission of Ecuador.
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