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The Obligation to Grant Nationality to Stateless Children Under Treaty Law Cover

The Obligation to Grant Nationality to Stateless Children Under Treaty Law

Open Access
|Jul 2019

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.

DOI: https://doi.org/10.5334/tilr.154 | Journal eISSN: 2211-0046
Language: English
Published on: Jul 2, 2019
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2019 William Thomas Worster, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 4.0 License.