A/HRC/19/43 the enjoyment of property rights by non-citizens, in particular with regard to land or other immovable assets.54 There have also been situations in which non-citizens have seen their property confiscated, impacting their enjoyment of the right to adequate housing. 55 35. Non-citizens may face difficulties in exercising their right to adequate housing because they are unable to enter lease agreements or are excluded from government housing assistance as a result of lack of residence status or of basic identity documents.56 The Committee on the Elimination of Racial Discrimination has also pointed out that States should take effective measures to ensure that housing agencies refrain from engaging in discriminatory practices.57 Children’s rights J. 36. With regard to the impact of arbitrary deprivation of nationality on the enjoyment of rights by children, one of the most evident problems relates to the right to education. Both the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child recognize that neither non-citizenship nor statelessness should have a bearing on the enjoyment of the right to education.58 However, non-citizen and stateless children in law and practice experience difficulties in exercising their right to education.59 The Special Rapporteur on the right to education has pointed out that many countries formally guarantee this right to all citizens in their national constitutions.60 While this does not imply that noncitizens cannot access education, the lack of a constitutional guarantee of equal access to education for everyone may present a problem when non-citizens seek to challenge education policies that exclude them. Thus, domestic law or policy may directly exclude 54 55 56 57 58 59 60 Human Rights Committee, Adam v. Czech Republic (footnote 4 above); Inter-American Court of Human Rights, Ivcher Bronsteun v. Peru, Series C, No. 74, 6 February 2001; A/HRC/13/3, para. 53; van Waas, “The situation of stateless persons” (footnote 42 above), pp. 23-24; UNHCR, discussion paper presented at the Regional Expert Roundtable on Good Practices for the Identification, Prevention and Reduction of Statelessness and the Protection of Stateless Persons in South East Asia, held on 28-29 October 2010 in Bangkok, p. 28; Farquharson, “Statelessness in Central Asia” (footnote 42 above), pp. 70-72; report of the Working Group on the Universal Periodic Review – Lebanon (A/HRC/16/18). Human Rights Committee, communication No. 747/1997, des Fours Walderode v. Czech Republic, Views adopted on 30 October 2001; CERD/C/62/CO/9. Committee on Economic, Social and Cultural Rights, concluding observations: Azerbaijan (E/C.12/1/Add.104), para. 15; Committee on the Elimination of Racial Discrimination, concluding observations: Luxembourg (CERD/C/LUX/CO/13), para. 17. Communication No. 18/2000, F.A. v. Norway, Views adopted on 21 March 2001; Committee on Economic Social and Cultural Rights, general comment No. 4. Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education, para. 6 (b); Committee on the Rights of the Child, general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, para. 41; see also Committee on the Elimination of Racial Discrimination, general recommendation No. 30, para. 30; reports of the Special Rapporteur on the right to education (A/HRC/14/25, A/HRC/17/29 and Corr.1); 1954 Convention relating to the Status of Stateless Persons, art. 22. See, for instance, Committee on Economic Social and Cultural Rights, concluding observations: Sri Lanka (E/C.12/1/Add.24), para. 8; Italy (E/C.12/1/Add.103), paras. 24 and 45; Committee on the Rights of the Child, concluding observations: Belize (see CRC/C/15/Add.99, para. 16); Djibouti (CRC/C/15/Add.131), paras. 47 and 49; Spain (CRC/C/15/Add.185), para. 27; Iceland (CRC/C/15/Add.203), para. 36; Kyrgyzstan (CRC/C/15/Add.244), para. 53; Islamic Republic of Iran (CRC/C/15/Add.254), para. 37. E/CN.4/2003/9/Add.1, para. 15; A/HRC/14/25/Add.3, para. 33; A/HRC/17/29 and Corr. 1, para. 40. 13

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