A/HRC/31/29
territory who would otherwise be stateless. 17 No discrimination with regard to the
acquisition of nationality should be admissible on the basis of the nationality status or the
statelessness of one or both parents. 18 Children who would otherwise be stateless should not
be precluded from acquiring nationality of the country of birth by virtue of their or their
parents’
residence
status
(see
CRC/C/NDL/CO/4,
CRC/C/CHE/CO/2-4,
CRC/C/TKM/CO/2-4 and CRC/C/CZE/CO/3-4),19 nor on the basis of their status as former
refugees (see CRC/C/CHN/CO/2) or as members of an indigenous or minority group (see
CRC/C/THA/CO/2). In order to avoid gaps in access to nationality, article 3 of the
Convention on the Reduction of Statelessness requires States to treat children born on a
ship flying the flag of the State or in an aircraft registered in the State as being born on their
territory.20
12.
International law has long guaranteed the acquisition of nationality by foundlings
(namely, children found abandoned on the territory and whose parents are unknown). 21
According to the Committee on the Rights of the Child, safeguarding the right to a
nationality for foundlings is also a requirement that stems directly from article 7 of the
Convention on the Rights of the Child (see CRC/C/FJI/CO/2-4). This safeguard should not
only protect newborn children who are found abandoned, but should include, at a
minimum, any child who is unable to communicate information pertaining to the identity of
his or her parents.22 Specific obligations to this effect can also be found in the Convention
on the Reduction of Statelessness, the Covenant on the Rights of the Child in Islam and the
European Convention on Nationality. According to the Committee on the Rights of the
Child, States must ensure that, if the parents of an abandoned child are subsequently
identified and found to be foreign nationals, this will not lead to loss of nationality if
statelessness could ensue (see CRC/C/HRV/CO/3-4).
13.
The obligations of States extend beyond children born or found on their territory.
They also encompass children who have other relevant links to the State (see
A/HRC/13/34). Under international law, the conferral of nationality on a child born to a
national abroad who would otherwise be stateless is also recognized. It is not only
prescribed by article 4 of the Convention on the Reduction of Statelessness but is also an
obligation that stems directly from the right of every child to acquire a nationality (see
A/HRC/25/28).23 States must also ensure the avoidance of statelessness among children
following the succession of States24 as well as in the context of international adoption or
surrogacy arrangements (CRC/C/15/Add.182, paras. 36-37).
14.
According to the Committee on the Rights of the Child, States may not deprive a
child of his or her nationality on any ground, regardless of the status of his or her parents
(see CRC/ C/UKR/CO/3-4, para. 38). The Human Rights Council, in its resolution 26/14,
17
18
19
20
21
22
23
24
As at September 2015, the Committee had made 27 such recommendations. See Factsheet published
by the Institute on Statelessness and Inclusion, September 2015.
See Human Rights Committee, general comment No. 17 (1989), para. 8; and UNHCR, Guidelines on
Statelessness No. 4.
See also the Convention on the Rights of All Migrant Workers and Members of Their Families, art.
29 and UNHCR, Guidelines on Statelessness No. 4.
See also UNHCR, Guidelines on Statelessness No. 4.
See the Convention on Certain Questions relating to the Conflict of Nationality Laws, the Convention
on the Reduction of Statelessness and the Covenant on the Rights of the Child in Islam.
See African Committee of Experts on the Rights and Welfare of the Child, general comment No. 2,
and UNHCR, Guidelines on Statelessness No. 4.
See also CRC/C/CUB/CO/2 and CRC/C/CAN/CO/3-4.
Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession, art.
See also A/HRC/13/34.
5
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