A/HRC/31/29
juridical personality and to a name and the right to equal protection, all in relation to the
rights of the child”.58
32.
The registration of births, protected in article 7 of the Convention on the Rights of
the Child, is one of the means through which the right of a child to an identity is preserved
and recognized. Stateless children, and in particular the children of stateless parents, are
more likely to face legal and practical barriers in their access to birth registration. They also
face barriers to obtaining various other legal documents. 59
33.
Target 16.9 of the Sustainable Development Goals is to provide, by 2030, legal
identity for all, including birth registration. The arbitrary deprivation of nationality of
children is a significant barrier to the realization of this target, which will not be fully met
unless articles 7 and 8 of the Convention on the Rights of the Child are universally
respected and fulfilled and childhood statelessness has been eradicated.
B.
Right to education
34.
Article 28 of the Convention on the Rights of the Child and article 13 of the
International Covenant on Economic, Social and Cultural Rights protect every child’s right
to education. They guarantee free and compulsory primary education for all, and set various
standards in relation to higher education. Both the Committee on Economic, Social and
Cultural Rights and the Committee on the Rights of the Child have recognized that neither
non-citizenship nor statelessness should have a bearing on the enjoyment of the right to
education.60 One of the most commonly reported effects of statelessness on children is,
however, the barrier that this imposes on their access to education. 61 As noted by the
Secretary-General in a previous report on the arbitrary deprivation of nationality, the
difficulties faced by non-citizen children in their access to education are indirectly yet
closely linked to their non-citizenship (A/HRC/19/43, para. 37). Barriers to education also
play a major role in limiting job opportunities for stateless children as they grow into
adulthood.
C.
Right to the highest attainable standard of health
35.
Article 12 of the International Covenant on Economic, Social and Cultural Rights
stipulates the right to health. Similarly, article 24 of the Convention on the Rights of the
Child includes an obligation for States to recognize the right of the child to the enjoyment
of the highest attainable standard of health. According to the Committee on Economic,
Social and Cultural Rights, States are under an obligation to respect the right to health by,
inter alia, refraining from denying or limiting equal access for all persons, including
58
59
60
61
Case of the Yean and Bosico Children v. The Dominican Republic, Inter-American Court of Human
Rights, judgement of 8 September 2005.
Submission from the Independent Human Rights Commission of Afghanistan.
See Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999), para. 6
(b); and Committee on the Rights of the Child, general comment No. 6 (2005), para. 41. See also
Committee on the Elimination of Racial Discrimination, general recommendation No. 30, para. 30;
A/HRC/14/25 and A/HRC/17/29 and Corr.1); and Convention relating to the Status of Stateless
Persons, art. 22.
See A/HRC/19/43, para. 36. See also E/C.12/1/Add.24, para. 8; E/C.12/1/Add.103, paras. 24 and 45;
CRC/C/15/Add.99, para. 16; CRC/C/15/Add.131, paras. 47 and 49; CRC/C/15/Add.185, para. 27;
CRC/C/15/Add.203, para. 36; CRC/C/15/Add.244, para. 53; and CRC/C/15/Add.254), para. 37.
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