A/HRC/31/29
I. Introduction
1.
In its resolution 26/14, the Human Rights Council requested the Secretary-General,
in consultation with States, United Nations agencies and other relevant stakeholders, to
prepare a report on the impact that the arbitrary deprivation of nationality has on the
enjoyment of the rights of children concerned, as well as on the existing laws and practices
on accessibility for children to acquire nationality, inter alia, of the country in which they
are born, if they otherwise would be stateless, and to present it to the Council before its
thirty-first session. The present report is submitted pursuant to that request. Contributions
were received from 23 Member States, 10 national human rights institutions and five nongovernmental organizations.
2.
The Office of the United Nations High Commissioner for Refugees (UNHCR)
estimates that there are approximately 10 million stateless people, over a third of whom are
children. Given that a stateless child is born at least every 10 minutes, statelessness among
children is a growing problem.1
II. The right of every child to acquire a nationality:
international legal framework
3.
The right of everyone to a nationality is enshrined in article 15 of the Universal
Declaration of Human Rights and is recognized in many other international and regional
human rights instruments (see A/HRC/13/34, paras. 3-18). The fundamental nature of the
right to a nationality and the prohibition of arbitrary deprivation of nationality (see ibid.,
para. 23) have been reaffirmed by the General Assembly in its resolution 50/152 and the
Human Rights Council in its resolutions 7/10, 10/13, 13/2, 20/5 and 26/14. States must
enact laws governing the acquisition, renunciation and loss of nationality in a manner that is
consistent with their international obligations, including in the field of human rights. In
particular, States have a responsibility to prevent and reduce statelessness, in appropriate
cooperation with the international community, in accordance with Assembly resolution
61/137 and Council resolution 26/14.
4.
According to article 7 of the Convention on the Rights of the Child, children should
be registered immediately after birth and have the right from birth to acquire a nationality.
Article 7 places emphasis on the avoidance of statelessness by specifying that States parties
should ensure the implementation of these rights, in particular where the child would
otherwise be stateless. Article 5(d) (iii) of the International Convention on the Elimination
of All Forms of Racial Discrimination and article 9 of the Convention on the Elimination of
All Forms of Discrimination against Women state that the right to nationality is to be
enjoyed without any discrimination on the basis of race, colour, descent, national or ethnic
origin, or sex. The International Covenant on Civil and Political Rights also states, in article
24(3), that every child has the right to acquire a nationality. The same right is enshrined for
children of migrant workers in article 29 of the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, and for children with
disabilities, in article 18(2) of the Convention on the Rights of Persons with Disabilities. In
accordance with the prohibition of arbitrary deprivation of nationality, article 8 of the
Convention on the Rights of the Child and article 25(4) of the International Convention for
1
2
UNHCR, I am here, I belong: the urgent need to end childhood statelessness, November 2015, p. 1.
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