Until the Second World War, the grant and withdrawal of nationality was regarded as being wholly within the sovereign discretion of states. Since the Universal Declaration on Human Rights first provided for the right to a nationality in 1948, the international human rights framework has increasingly restricted that discretion.
The 1954 Convention relating to the Status of Stateless Persons provides for the protection of stateless persons in a similar framework to that established for refugees; while the 1961 Convention on the Reduction of Statelessness establishes certain basic rules to avoid statelessness at birth and in case of loss or deprivation of nationality.
The International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both provide for every child to have the right to acquire a nationality. In addition, all the international human rights treaties targeting various forms of discrimination mention the right to a nationality, including the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Elimination of All Forms of Racism, the Convention on the Rights of All Migrant Workers and Members of their Families, and the Convention on the Rights of All Persons with Disabilities.
More information on the international standards and actions against statelessness can be found on the UNHCR website, including a set of important Guidelines on Statelessness and Good Practices Papers for states. In 2014, UNHCR launched the #IBelong campaign to end statelessness in ten years.
CRC/C/MRT/CO/3-5 Extract: Birth registration The Committee welcomes the measures taken to promote birth registration, including reforms of the civil registration system, introduction of biometric registration and expansion of registration centres. However, it remains concerned about the persisting low rate of…
Extracts: In July, The Malawian Ministry of Home Affairs & Internal Security, Lawyers for Human Rights (LHR) and UNHCR co-hosted a national roundtable in Lilongwe, Malawi on the Prevention of Statelessness and the Protection of Stateless Persons. Participants at the…
The Burundi deputies of the National Assembly unanimously adopted on Wednesday, September 19th, 2018, a draft law on the country’s accession to the 1954 Convention relating to the Status of Stateless Persons. The Convention, formally establishing the legal status of…
BUJUMBURA, 19 septembre(Xinhua) — Les députés de l’Assemblée nationale (chambre basse du Parlement bicaméral burundais) ont adopté à l’unanimité, mercredi, un projet de loi portant adhésion du pays à la Convention de 1954 relative au statut des apatrides. Cette Convention,…
L’Assemblée Nationale a analysé et adopté à l’unanimité deux projets de loi, l’un portant adhésion de la République du Burundi à la convention de 1954 relative au statut des apatrides et l’autre portant adhésion à la convention de 1961 relative…
Extracts: On 10 April, in Antananarivo, Madagascar, UNHCR and UNICEF co-hosted the Indian Ocean Islands Roundtable on the Prevention of Statelessness. The roundtable, which included the participation of Government focal points from the Comoros, Madagascar and Mauritius, focused on the…
CERD/C/MRT/CO/8-14 Extract: Discrimination in the transmission of nationality 21. The Committee is concerned to note that article 8 of the Nationality Code (Act No. 1961-112 of 12 June 1961) and articles 13 and 16 of Act No. 2010-023 of 11…
Ndjodi Ndeunyema During the recently concluded 48th Ordinary Session, the African Court on Human and Peoples’ Rights delivered a unanimous decision of significance to the African continent and beyond by determining that the right to nationality exists under customary international…
Extracts: On 28 February, the League of Arab States (LAS) convened a Ministerial meeting in Tunis on “Belonging and Legal Identity” under the patronage of the President of Tunisia. The meeting resulted in the adoption of the Declaration on Belonging…
CRC/C/SYC/CO/5-6 Rights of the child to a name and nationality, to know and be cared for by his or her parents and to his or her identity 20.The Committee remains deeply concerned that no law has been enacted to ensure…