ISI Database on Statelessness and
Human Rights

Connecting nationality, statelessness and human rights. Explore and compare information from the international human rights monitoring systems to promote a human rights-based approach to nationality and statelessness.

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Stateless Persons
Nationality
Children
Discrimination
Implementing measures

Number of results found: 2459

Universal Periodic Review (UPR) 1st

70.10. Revise the Constitution, in accordance with the Convention on the Rights of Persons with Disabilities, to avoid the rejection of naturalization for individuals on the grounds of physical or mental disability.

70.10. Revise the Constitution, in accordance with the Convention on the Rights of Persons with Disabilities, to avoid the rejection of naturalization for individuals on the grounds of physical or mental disability.

Recommending State: Mexico

Recommendation Accepted

Disability Legislative/Judicial/Administrative action

Universal Periodic Review (UPR) 1st

68.28. Address difficult access to birth registration procedures, particularly for children of African decent, indigenous children and those living in rural and border areas.

68.28. Address difficult access to birth registration procedures, particularly for children of African decent, indigenous children and those living in rural and border areas.

Recommending State: Nigeria

Recommendation Accepted

Birth registration

Universal Periodic Review (UPR) 1st

68.29. Take measures to overcome the difficulty of access to birth registration procedures, particularly for children of African descent, indigenous children and children living in rural and border areas.

68.29. Take measures to overcome the difficulty of access to birth registration procedures, particularly for children of African descent, indigenous children and children living in rural and border areas.

Recommending State: Haiti

Recommendation Accepted

Birth registration

Universal Periodic Review (UPR) 1st

95.8. In line with the recommendations of the Committee on the Elimination of Discrimination against Women, adopt a national plan to eliminate stereotypes regarding the role of women in society, and speed up the reform process to guarantee equality between men and women, including with...

95.8. In line with the recommendations of the Committee on the Elimination of Discrimination against Women, adopt a national plan to eliminate stereotypes regarding the role of women in society, and speed up the reform process to guarantee equality between men and women, including with regard to the transfer of nationality, the custody of children, divorce and inheritance.

Recommending State: Mexico

Recommendation Noted

Gender Legislative/Judicial/Administrative action

Universal Periodic Review (UPR) 1st

91.21. Speed up the process of repatriating Mauritanians who in the past had been expelled, and granting them and their families a certificate of citizenship. Those who returned to Mauritania before the introduction of the corrective measures should also have their nationality re-established...

91.21. Speed up the process of repatriating Mauritanians who in the past had been expelled, and granting them and their families a certificate of citizenship. Those who returned to Mauritania before the introduction of the corrective measures should also have their nationality re-established.

Recommending State: Canada

Recommendation Accepted

Remedy/Reparation Loss/Deprivation

Committee on Migrant Workers (CMW)

36. The Committee recommends that the State party should guard against the use of procedures that, in contravention of article 8 of the Constitution, violate the human rights of children of Ecuadorians residing abroad, and that it should ensure that such children are registered in the birth...

36. The Committee recommends that the State party should guard against the use of procedures that, in contravention of article 8 of the Constitution, violate the human rights of children of Ecuadorians residing abroad, and that it should ensure that such children are registered in the birth register. It also recommends that appropriate ongoing training should be given to the migration service officials of the National Police in order to implement the rights of migrant workers and members of their families with respect to issues of international migration.

Birth registration

Committee on Economic, Social and Cultural Rights (CESCR)

13. (...) It also expresses concern that Citizenship Act No.18 of 1948 which deprived Tamils of Indian origin of citizenship has still not been abrogated and that thousands of Tamils of Indian origin are still awaiting to be granted citizenship on the basis of the 2003 Grant of Citizenship...

13. (...) It also expresses concern that Citizenship Act No.18 of 1948 which deprived Tamils of Indian origin of citizenship has still not been abrogated and that thousands of Tamils of Indian origin are still awaiting to be granted citizenship on the basis of the 2003 Grant of Citizenship to Persons of Indian Origin Act, and as stateless persons do not enjoy their economic, social and cultural rights. (art.2, para.2)

The Committee calls upon the State party to provide the necessary resources for the implementation of the National Plan of Action for the Social Development of the Plantation Community adopted in 2006 and to provide comprehensive information in its next periodic report on the concrete measures taken to ensure that plantation workers and their families as well as Tamils of Indian origin are no longer subject to discrimination and live in decent conditions. The Committee calls upon the State party to repeal Citizenship Act No.18 of 1948 and to speed up the process of issuing identity documents for Tamils of Indian origin in accordance with the 2003 Grant of Citizenship to Persons of Indian Origin Act.

Protection/Enjoyment of rights Nationality/Identity documentation Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action

Committee on Economic, Social and Cultural Rights (CESCR)

11. The Committee reiterates its concern that racial prejudice and discrimination against Haitians and Dominicans of Haitian descent in the State party persists. It regrets that five years after the judgment by the Inter-American Court of Human Rights in the Yean and Bosico case, children of...

11. The Committee reiterates its concern that racial prejudice and discrimination against Haitians and Dominicans of Haitian descent in the State party persists. It regrets that five years after the judgment by the Inter-American Court of Human Rights in the Yean and Bosico case, children of Haitian descent born in the State party continue to suffer discrimination, in particular through the revocation of identity documents as a result of the application of Law No. 285-04 on Migration of 2004, Resolution No. 017 by the Dominican Electoral Board in 2007, and article 18.3 of the Constitution of 2010. The Committee notes that the non-renewal of residency documents has increased the exposure of Haitian children and Dominican children of Haitian descent, especially, to discriminatory practices. The Committee is also concerned that the aforementioned Law No. 285-04 on Migration expanded groups of children denied their right to Dominican nationally making them effectively stateless and that this law is applicable retroactively. The Committee is in particular concerned that the approach taken by Law No. 285-04 on Migration of 2004 has been integrated into the 2010 Constitution of the State party (art. 2, para. 2).

The Committee recommends that the State party adopt the necessary measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate formal or de facto discrimination against Haitians and Dominicans of Haitian descent. It also urges the State party to ensure birth registration with regard to these groups and guarantee their economic, social and cultural rights. It urges the State party to reconsider the regulations relating to the citizenship of children of Haitians and Dominicans of Haitian descent, in particular, by ensuring a non-discriminatory access to the Dominican nationality, irrespective of date of birth.

24. (...) The Committee urges the State party to accelerate the process of birth registration for those persons still lacking identity documents and requests that information in this regard be included in the next periodic report.

25. (...) It recommends that the State party consider accession to international instruments to address the situation of stateless persons, namely the 1954 Convention relating to the Status of Stateless Persons and that it continue its cooperation with the Office of the United Nations High Commissioner for Refugees in this regard.

Protection/Enjoyment of rights Birth registration Race/Ethnicity International Instruments

Human Rights Committee (CCPR)

7. (...) The State party should bring its legislation, including the Personal Status Act, into conformity with the Covenant and ensure that women are not subjected to de jure or de facto discrimination, inter alia in matters of marriage, divorce, custody of children, inheritance or the...

7. (...) The State party should bring its legislation, including the Personal Status Act, into conformity with the Covenant and ensure that women are not subjected to de jure or de facto discrimination, inter alia in matters of marriage, divorce, custody of children, inheritance or the transmittal of nationality to children. (...)

Gender Legislative/Judicial/Administrative action

Committee on the Elimination of Discrimination against Women (CEDAW)

39. (...)The Committee requests the State party to consider acceding to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

39. (...)The Committee requests the State party to consider acceding to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

International Instruments