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  • Stateless Persons
  • Nationality
  • Children
  • Discrimination
  • Implementing measures

Number of results found: 2173

Committee on the Elimination of Racial Discrimination (CERD)

Portugal

34. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party: (...) (c) Ensure that all applicants for international protection at the borders and in reception and detention centres are promptly received,...

34. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party: (...)

(c) Ensure that all applicants for international protection at the borders and in reception and detention centres are promptly received, registered, and referred to the asylum authorities and refugee status determination procedures, ensuring the identification of vulnerable applicants, in particular, stateless persons;

Identification and determination procedures
Expand Original Document
Statelessness Doc. CERD/C/PRT/CO/18-19
Committee on the Elimination of Racial Discrimination (CERD)

Philippines

20. The Committee recommends that the State party: (a) Takes steps to enact comprehensive legislation on the protection of the rights of refugees, asylum seekers, stateless persons, and persons at risk of statelessness, including provisions for fair procedures for the consideration of...

20. The Committee recommends that the State party:

(a) Takes steps to enact comprehensive legislation on the protection of the rights of refugees, asylum seekers, stateless persons, and persons at risk of statelessness, including provisions for fair procedures for the consideration of applications and status determination, in accordance with international standards;

(b) Undertake further measures to collect qualitative and quantitative data on the asylum seekers, refugees, stateless persons and persons at risk of statelessness in the country in order to assess their protection needs;

(c) Strengthen local birth and civil registration mechanisms in geographically isolated and conflict-affected areas to scale-up birth and civil registration.

35. In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State party to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations contained in paragraphs 12 (a) (Criminalisation of racist hate speech and hate crimes), 20 (b) and (c) (Situation of asylum seekers, refugees, stateless persons, and persons at risk of statelessness), and 22 (d) (Complaints of racial discrimination and access to justice) above.

Protection/Enjoyment of rights Identification and determination procedures Birth registration Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
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Statelessness Doc. CERD/C/PHL/CO/21-25
Committee on the Elimination of Racial Discrimination (CERD)

Niger

7. The Committee recommends that the State party provide statistics disaggregated by sex and age on the socio-economic situation of ethnic groups as well as foreigners, including asylum-seekers, refugees and stateless persons, and on their access to education, employment, health care and...

7. The Committee recommends that the State party provide statistics disaggregated by sex and age on the socio-economic situation of ethnic groups as well as foreigners, including asylum-seekers, refugees and stateless persons, and on their access to education, employment, health care and housing and their participation in public and political life, with a view to creating an empirical basis for assessing the equal enjoyment of the rights enshrined in the Convention. (...)

21. In the light of its general recommendation 29 (2002) on descent-based discrimination, the Committee recommends that the State party address as a matter of priority the structural and systemic causes of descent-based discrimination. The Committee also recommends that the State party take the necessary measures to ensure that persons of slave descent have access to an identity and ensure their access to education, employment and health services. The Committee recommends that the State party ensure birth registration of children of slave descent. (...)

Birth registration Data Collection/Monitoring/Reporting
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Statelessness Doc. CERD/C/NER/CO/22-25
Committee on the Elimination of Racial Discrimination (CERD)

Argentina

37. Taking into account its previous concluding observations, and in the light of its general recommendation No.30 (2004) on discrimination against non-citizens, the Committee recommends that the State party:  (...) e) Take the necessary measures, including at the provincial level, to...

37. Taking into account its previous concluding observations, and in the light of its general recommendation No.30 (2004) on discrimination against non-citizens, the Committee recommends that the State party: 

(...)

e) Take the necessary measures, including at the provincial level, to ensure access to members of the Nivaclé community to birth certificates and identity documents.

Nationality/Identity documentation Birth registration
Expand Original Document
Doc. CERD/C/ARG/CO/24-26
Committee on the Elimination of Discrimination against Women (CEDAW)

Georgia

16. With reference to its general recommendation No. 33 (2015) on women’s access to justice, the Committee recommends that the State party address the root causes of the underreporting of cases of gender-based violence against women and girls, including by: (a) Ensuring effective protection...

16. With reference to its general recommendation No. 33 (2015) on women’s access to justice, the Committee recommends that the State party address the root causes of the underreporting of cases of gender-based violence against women and girls, including by:

(a) Ensuring effective protection and accessible support services to women victims of such violence, in particular rural women, women with disabilities, women belonging to ethnic minority groups, internally displaced women and women living in conflict-affected areas, refugee, asylum-seeking, migrant and stateless women and lesbian, bisexual, transgender and intersex women;

(...)


(d) Continuing the provision of free legal aid to women with disabilities and to survivors and consider extending it to other women facing intersecting forms of discrimination, such as older women, women with disabilities, women belonging to ethnic minority groups, internally displaced women and women living in conflict-affected areas, refugee, asylum-seeking, migrant and stateless women and lesbian, bisexual, transgender and intersex women.

28. Recalling its previous recommendation (CEDAW/C/GEO/CO/4-5, para. 23), and with reference to its general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, the Committee recommends that the State party:

(a) Take targeted measures to prevent trafficking in girls for the purpose of sexual exploitation and establish specialized gender-responsive and child sensitive support services, including shelters, for victims of trafficking in girls, in particular those trafficked for the purpose of sexual exploitation and having faced sexual violence, and increase and systematize public awareness campaigns as an essential measure to prevent trafficking in women and girls and the exploitation of prostitution, in particular targeting women and girls belonging to the most vulnerable groups, such as internally displaced women, women living in conflict-affected areas, refugee, asylum-seeking, migrant and stateless women, rural women and lesbian, bisexual, transgender and intersex women;

40. The Committee recommends that the State party:

(a) Swiftly adopt the State Concept on Women’s Economic Empowerment and implement it, paying specific attention to women belonging to disadvantaged and marginalized groups such as rural women, women belonging to ethnic minority groups, women with disabilities, internally displaced women and women living in conflict-affected areas, refugee, asylum-seeking, migrant and stateless women, and provide information in its next periodic report on the results achieved in the implementation of the State Concept;

(b) Establish comprehensive gender-responsive and adequately funded social protection schemes for women, in particular disadvantaged and marginalized groups of women, such as single mothers, older women, widows, rural women, unemployed women, women engaged in unpaid care work, women belonging to ethnic minority groups, internally displaced women and women living in conflict-affected areas and refugee, asylum-seeking, migrant and stateless women, including by facilitating access to social benefits through digital means.

42. Recalling its previous recommendation ( CEDAW/C/GEO/CO/4-5 , para. 35), the Committee recommends that the State party adopt targeted measures, including temporary special measures, to ensure access to justice, employment and health care, including sexual and reproductive health services, social protection and food security for disadvantaged groups of women, such as older women, women with disabilities, women belonging to ethnic minority groups, internally displaced women and women living in conflict-affected areas, refugee, asylum-seeking, migrant and stateless women and lesbian, bisexual, transgender and intersex women, taking into account their specific needs.

Protection/Enjoyment of rights Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. CEDAW/C/GEO/CO/6
Committee on the Elimination of Discrimination against Women (CEDAW)

Bahrain

13. The Committee reiterates its previous recommendations and calls upon the State party to: (...) (b) Give high priority to its law reform process and to modify or repeal, without delay and within a clear time frame, all discriminatory legislation, including discriminatory provisions in...

13. The Committee reiterates its previous recommendations and calls upon the State party to:

(...) (b) Give high priority to its law reform process and to modify or repeal, without delay and within a clear time frame, all discriminatory legislation, including discriminatory provisions in the Penal Code, Family Law and Nationality Law, and to sensitize parliamentarians, religious and community leaders, women human rights defenders and the general public on the need for legislative reform;

35. The Committee recommends that the State party expedite the adoption of the 2014 draft amendment to the Nationality Act and revise it to ensure that Bahraini women have the same right as Bahraini men to transfer their nationality to their children, including when they are married to a foreign spouse. The Committee, in line with its previous recommendation (CEDAW/C/BHR/CO/3, para. 34), recommends that the State party accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Gender International Instruments Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. CEDAW/C/BHR/CO/4
Committee on the Elimination of Discrimination against Women (CEDAW)

Mauritania

11. While noting that the State party’s legislation is derived from sharia, the Committee considers that diversity of opinion and juridical concepts exist in the jurisdictions of other Muslim States having undergone legislative reform. Recalling its previous concluding observations ( CEDAW/C...

11. While noting that the State party’s legislation is derived from sharia, the Committee considers that diversity of opinion and juridical concepts exist in the jurisdictions of other Muslim States having undergone legislative reform. Recalling its previous concluding observations ( CEDAW/C/MRT/CO/2-3 , para . 15) and the links between articles 1 and 2 of the Convention and target 5.1 of the Sustainable Development Goals, to end all forms of discrimination against all women and girls everywhere, the Committee recommends that the State party:

(a) Urgently repeal or amend all provisions that discriminate against women, such as articles 307 and 308 of the Penal Code, articles 8, 13 and 16 of the Nationality Code (1961), articles of the Personal Status Code on guardianship, child and forced marriage, polygamy, divorce, custody and management of property;

19. (...) (b) Adopt temporary special measures, such as regulatory instruments, policies and practices, outreach and support programmes, allocation of resources, preferential treatment, targeted recruitment, hiring and promotion, and affirmative actions, as well as establish time-bound targets, as a necessary strategy to accelerate the achievement of substantive equality of women and men in all areas covered by the Convention where women are underrepresented or disadvantaged, such as in completion of mandatory schooling, enrolment in vocational training and tertiary education programmes, decreasing illiteracy through campaigns targeting adult and rural women, access to full-time formal employment opportunities, economic and social benefits and insurances, and unhindered access to affordable sexual and reproductive information and services, with particular attention to Haratine women, refugee, stateless and migrant women, women with disabilities, rural women and older women;

25. Recalling general recommendation No. 35, the Committee recommends that the State party:

(a) Urgently submit to the parliament for adoption the draft law on combating violence against women and girls in line with the commitment made by the State party’s delegation during the constructive dialogue to do so in the first half of 2023, also echoed in the third cycle of its universal periodic review, and adopt targeted measures to protect Haratine women, refugee, stateless and migrant women, women with disabilities and rural women;

31. Recalling general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party:

(a) Raise awareness among civil registrars and the general public of women’s equal rights to transfer their nationality to their children, irrespective of their marital status, and to their foreign spouse, in accordance with article 9 of the Convention, bearing in mind that article 6 of the Nationality Code (1961) provides that all provisions relating to nationality contained in duly ratified and published international treaties and agreements are applicable, even if they run counter to Mauritanian law, as also stipulated in the national Constitution;

(b) Amend articles 8, 13, 16 and 18 of the Nationality Code (1961) to ensure that Mauritanian women have rights equal to those of Mauritanian men to transfer their nationality, including to their children born abroad and to a foreign spouse;

(c) Ensure that all women, irrespective of their marital status, have access to birth registration for their children born in Mauritania, and amend the Personal Status Code to ensure that all women and men are entitled to obtain birth certificates for their children, regardless of their marital status;

(d) Ensure affordable and unbureaucratic access to birth registration and identity documents for Haratine, refugee, asylum-seeking and migrant women and women in rural areas of the south of the State party to guarantee their access to basic services, including education, employment, health care – which includes sexual and reproductive health services – social protection and housing;

(e) Expedite the process of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, in line with the commitments that the State party made in the third cycle of the universal periodic review.

Protection/Enjoyment of rights Nationality/Identity documentation Born abroad Birth registration Gender International Instruments Legislative/Judicial/Administrative action Awareness raising/Capacity building/Training
Expand Original Document
Statelessness Doc. CEDAW/C/MRT/CO/4
Committee on the Elimination of Racial Discrimination (CERD)

Bahrain

6. Recalling its guidelines for reporting under the Convention, 3 the Committee recommends that, in its next periodic report, the State party provide statistics on the ethnic composition of the population, including asylum-seekers, refugees, stateless persons and migrant workers, and on the...

6. Recalling its guidelines for reporting under the Convention, 3 the Committee recommends that, in its next periodic report, the State party provide statistics on the ethnic composition of the population, including asylum-seekers, refugees, stateless persons and migrant workers, and on the enjoyment of economic, social and cultural rights, disaggregated by ethnic origin and by national origin, in order to provide the Committee with an empirical basis for evaluating the equal enjoyment of rights under the Convention.

22. In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, especially paragraph 16 on reducing statelessness, in particular statelessness among children, the Committee recommends that the State party expeditiously bring its legislation into line with the Convention by amending its Citizenship Act to eliminate provisions that discriminate against foreign nationals married to Bahraini women and against the children of Bahraini women married to foreign nationals, and add provisions allowing Bahraini women to transmit their nationality to their foreign-national spouses and to their children from birth, on an equal footing with men. The Committee also recommends that the State party ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship compared to others.

24. The Committee recommends that the State party revise the Citizenship Act, including its provisions on deprivation of nationality, to ensure that its application does not result in statelessness and that the Government cannot revoke the citizenship rights of persons exercising their fundamental rights, including the rights to freedom of expression, assembly and association, with a view to preventing statelessness, and consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. The Committee also recommends that the State party find a durable solution to the problems faced by Bidoon, including by considering naturalizing all those who have lived in Bahrain for long periods and have a genuine and effective link to the country. The Committee further recommends that the State party put into place immediate administrative procedures to allow all stateless persons, including Bidoon, to have effective access to basic human rights and to obtain official documents, including birth registration documents.

Ratification of other treaties

35. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including (...) the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

Paragraphs of particular importance

44. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 10 (legal framework for combating racial discrimination), 12 (special measures), 18 (racist hate speech and hate crimes), 20 (civil society organizations) and 24 (statelessness) above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.

Protection/Enjoyment of rights Lack of documents/Access to documentation Remedy/Reparation Loss/Deprivation Birth registration Gender Race/Ethnicity International Instruments Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. CERD/C/BHR/CO/8-14
Committee on the Elimination of Racial Discrimination (CERD)

Brazil

57. The Committee reiterates its recommendation to the State party to eliminate all barriers and forms of discrimination in relation to birth registration and ensure that Roma have universal access to civil documents. 

57. The Committee reiterates its recommendation to the State party to eliminate all barriers and forms of discrimination in relation to birth registration and ensure that Roma have universal access to civil documents. 

Nationality/Identity documentation Birth registration
Expand Original Document
Doc. CERD/C/BRA/CO/18-20
Universal Periodic Review (UPR)

Algeria

43.290 Accelerate the approval process of the draft law on refugees and stateless persons in order to establish a global regulatory framework that is adequate to international standards.

43.290 Accelerate the approval process of the draft law on refugees and stateless persons in order to establish a global regulatory framework that is adequate to international standards.

Recommending State: Paraguay

ISI Summary Link
Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. A/HRC/52/12