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Theme Key

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

Number of results found: 2530

Italy

12. (...) It has signed but not ratified the 1961 Convention on the Reduction of Statelessness. 60. According to the law, unaccompanied children cannot be detained and are to be issued with a residence permit (Decreto Legislativo 286/98, article 19.2.a). Other vulnerable categories of...

12. (...) It has signed but not ratified the 1961 Convention on the Reduction of Statelessness.

60. According to the law, unaccompanied children cannot be detained and are to be issued with a residence permit (Decreto Legislativo 286/98, article 19.2.a). Other vulnerable categories of migrants, such as victims of trafficking or asylum applicants, cannot be removed. Other provisions further protect minors, and pregnant women and their spouses, or parents of new born babies up to six months old. However, the Special Rapporteur notes that certain practical obstacles, including lack of cooperation of countries of origin of irregular migrants, statelessness, and difficulties in the identification of persons subject to a removal, are other reasons for which these orders are not able to be carried out.

81. The Special Rapporteur encountered numerous detainees in CIEs who in fact did not have citizenship of any country. These stateless persons have little possibility of being identified, yet nevertheless are detained, often for extended periods. Of particular concern to the Special Rapporteur were stateless persons with particular ties to Italy. These cases often involved Roma, who often were born in, or have longstanding ties to Italy, speak Italian, and have no other country of citizenship. Stateless Roma detainees, the Special Rapporteur was told, were often detained for a number of months, and eventually released with an order to leave the country. They of course do not leave, as Italy is the only home they know, but often find themselves detained again. This vicious cycle appears to serve no legitimate legal or policy aim and in practice simply serves to undermine the human rights of the affected persons.

85. The Special Rapporteur thus urges the Italian authorities to undertake an individual assessment of the necessity of detention in all cases. Such alternatives are particularly important for specific categories of migrants who cannot be properly identified, and stateless persons, especially when born or raised in Italy.

Detention International Instruments
Expand Original Document
Statelessness Doc. A/HRC/23/46/Add.3
Human Rights Committee (CCPR)

Angola

23. (...) The State party should finalize the adoption of the new decree on free birth registration for all children and adults, and improve its official system of birth registration. It should also conduct awareness-raising campaigns on birth registration procedures within communities, in...

23. (...) The State party should finalize the adoption of the new decree on free birth registration for all children and adults, and improve its official system of birth registration. It should also conduct awareness-raising campaigns on birth registration procedures within communities, in particular in rural areas.

Birth registration
Expand Original Document
Doc. CCPR/C/AGO/CO/1
Human Rights Committee (CCPR)

Paraguay

26. (...) The State party should continue its efforts to ensure that all children born in its territory are registered and receive an official birth certificate. Accordingly, it should amend its legislation to allow teenage mothers to register their children without the need for a court...

26. (...) The State party should continue its efforts to ensure that all children born in its territory are registered and receive an official birth certificate. Accordingly, it should amend its legislation to allow teenage mothers to register their children without the need for a court order. It should also carry out campaigns to encourage the registration of all adults who have not yet been registered.

Birth registration
Expand Original Document
Doc. CCPR/C/PRY/CO/3*
Human Rights Committee (CCPR)

Belize

22. (...) The State party should strengthen its efforts to realize birth registration and the provision of birth certificates for all children, particularly in the rural areas, through appropriate interventions such as awareness-raising programmes on the need to register births and to...

22. (...) The State party should strengthen its efforts to realize birth registration and the provision of birth certificates for all children, particularly in the rural areas, through appropriate interventions such as awareness-raising programmes on the need to register births and to simplify procedures for registration. The State party should provide information in its initial report on the impact of the lack of birth certificates on claims to nationality and access to social benefits.

Birth registration
Expand Original Document
Doc. CCPR/C/BLZ/CO/1

Philippines

71. The Special Rapporteur observed that a significant number of children born in Malaysia to Filipino parents, who have been deported back to the Philippines, did not have identification documents, which increases their vulnerability to trafficking. Lack of citizenship significantly...

71. The Special Rapporteur observed that a significant number of children born in Malaysia to Filipino parents, who have been deported back to the Philippines, did not have identification documents, which increases their vulnerability to trafficking. Lack of citizenship significantly restricts their enjoyment of the rights to education, employment opportunities, health services and freedom of movement, which encourages them to resort to unsafe migration avenues at the risk of being trafficked. She was informed of the recent progress made in issuing birth certificates to many of these children, and urges the Government to intensify efforts in this regard. 

Protection/Enjoyment of rights (Forced) migration context Nationality/Identity documentation Born abroad Birth registration
Expand Original Document
Doc. A/HRC/23/48/Add.3
Committee on the Elimination of Racial Discrimination (CERD)

Dominican Republic

18. (...) The Committee urges the State party to continue its policy of issuing identity cards and to resolve the structural problem affecting registration. 19. (...) The Committee recommends that the State party: remove the administrative obstacles to issuing identity documents to...

18. (...) The Committee urges the State party to continue its policy of issuing identity cards and to resolve the structural problem affecting registration.

19. (...) The Committee recommends that the State party: remove the administrative obstacles to issuing identity documents to Dominicans of Haitian origin and restore any such documents that have been confiscated, cancelled or destroyed by the authorities; ensure that Dominican citizens of Haitian origin are not deprived of their right to nationality; and adopt non-discriminatory policies with regard to identity documents, guaranteeing due process (CERD/C/DOM/CO/12, para. 16).

20. (...) The Committee recalls that the scope of national sovereignty with regard to nationality is limited in terms of respect for human rights, specifically the principle of non-discrimination, and invites the Dominican Republic: to implement the recommendations made by various human rights mechanisms; to respect the principle of non-discrimination in access to nationality, in conformity with the Committee’s general recommendation No. 30 (2004); and to implement the national plan for regularizing illegal immigrants, as provided for in article 151 of the Migration Act (No. 285-04), giving priority to those who have resided in its territory for a long period (CERD/C/DOM/CO/12, para. 14).

26. The Committee encourages the State party to ratify the international treaties to which it is not yet a party, in particular the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), the Convention on the Reduction of Statelessness (1961) and the Convention relating to the Status of Stateless Persons (1954).

 

Loss/Deprivation Nationality/Identity documentation Birth registration Race/Ethnicity International Instruments Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. CERD/C/DOM/CO/13-14
Committee on the Elimination of Racial Discrimination (CERD)

Russia

The Committee urges the State party to ensure that: (a) Open and participatory consultations are held in devising and implementing the National Action Plan to address the obstacles faced by Roma to enjoy their rights, including the participation of Roma community, civil society...

The Committee urges the State party to ensure that:

(a) Open and participatory consultations are held in devising and implementing the National Action Plan to address the obstacles faced by Roma to enjoy their rights, including the participation of Roma community, civil society representatives and experts on this issue, and that such a plan is made available publicly;

(b) The plan includes special measures to facilitate their access to residence registration, citizenship, education, adequate housing with legal security of tenure, employment and other economic, social and cultural rights, in accordance with general recommendation No. 27 (2000) on discrimination against Roma, as previously recommended by the Committee (CERD/C/RUS/CO/19, para. 14), and that the plan contains a particular focus on the rights of Roma women, in accordance with general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination;

(c) The plan is sufficiently funded to guarantee its effectiveness.

22. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties which it has not yet ratified, in particular, treaties the provisions of which have a direct bearing on the subject of racial discrimination, such as (...) the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (...)
 

Race/Ethnicity International Instruments Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. CERD/C/RUS/CO/20-22

Türkiye

96.  Establish clear procedures to avoid the detention of migrants whose removal is unlikely, inter alia due to statelessness, lack of diplomatic presence in Turkey, or unwillingness of the countries of origin to receive their own nationals. 

96.  Establish clear procedures to avoid the detention of migrants whose removal is unlikely, inter alia due to statelessness, lack of diplomatic presence in Turkey, or unwillingness of the countries of origin to receive their own nationals. 

Detention Legislative/Judicial/Administrative action
Expand Original Document
Statelessness Doc. A/HRC/23/46/Add.2
Committee on the Elimination of Discrimination against Women (CEDAW)

Pakistan

16. The Committee calls upon the State party: (a) To include in its Constitution and/or in other relevant legislation provisions prohibiting all forms of direct and indirect discrimination against women, including sanctions, in line with article 1 of the Convention (and in line with article...

16. The Committee calls upon the State party:

(a) To include in its Constitution and/or in other relevant legislation provisions prohibiting all forms of direct and indirect discrimination against women, including sanctions, in line with article 1 of the Convention (and in line with article 25 of the Constitution), and repeal all discriminatory laws, including the Hudood Ordinances, the Law of Evidence and the Citizenship Act (1951);

36. The Committee urges the State party:

(e) To accede to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, and the 1961 Convention on the Reduction of Statelessness, with the aim to develop a national legislative framework to strengthen the protection of refugees, asylum seekers and stateless persons

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

Angola

26. The Committee recommends that the State party ensure that all women receive national identity cards.

26. The Committee recommends that the State party ensure that all women receive national identity cards.

Nationality/Identity documentation
Expand Original Document
Doc. CEDAW/C/AGO/CO/6