Abstract
Through a multi-layered, overlapping collection of international and regional treaties, one solution for child statelessness is emerging: the obligation of the birth state to grant nationality to otherwise stateless children. The 1961 Statelessness Convention imposes this obligation partly, but has limited adherence. The International Covenent on Civil and Political Rights provides for a right to a nationality, but does not expressly identify which state is responsible. In addition, treaties in Europe and Africa only cover the right implicitly and partially, though treaties in the Americas cover the right expressly. The interpetation of these disparate treaty obligations is now coalescing into an coherent obligation. In combination with the obligation to take all decisions in a child’s best interests under the Convention on the Rights of the Child, we can now identify the birth state as the state responsible for ensuring that every child is born with a nationality.
Highlights
The statelessness of children is a concerning phenomenon, yet it does have at least one partial solution, nationality of the birth state, arising from a patchwork of human rights treaties
The Office of the United Nations High Commissioner for Refugees (UNCHR) is currently in the middle of an aggressive promotion of the 1954 and 1961 Statelessness Conventions,[1] attempting to convince states to adhere to them. This goal is admirable and will add to the legal protection of a great number of stateless persons. It should have the result of bringing countless numbers of children into a legal bond with a state, and in the case of the 1961 Statelessness Convention, states will be obliged to grant their nationality to children born in their territory who would otherwise be stateless
The Statelessness Conventions, as of yet, still have far from universal participation. This low participation means that some states do not have an obligation under the terms of the Statelessness Conventions to grant nationality to stateless children born in the state
Summary
The statelessness of children is a concerning phenomenon, yet it does have at least one partial solution, nationality of the birth state, arising from a patchwork of human rights treaties. This paper will survey the field of treaties that govern statelessness or protect the right to a nationality, and determine how, through the various instruments, identifiable states have this obligation It will consider both universal treaties, such as the International Covenant on Civil and Political Rights (ICCPR),[3] and the Convention on the Rights of the Child,[4] as well as regional treaties. Based on this survey, it will demonstrate that through multiple overlapping treaties, most states must grant nationality to children born in their territory if they would be otherwise stateless
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