11. The Committee urges the State party to publish the Migration and Aliens Act and its implementing regulations promptly, so that they may enter into force and, where necessary, be amended so as to be brought into full conformity with the Convention, in particular with regard to:
(...) (g) Protection of the right to nationality for all children born in Chile, including those whose fathers and/or mothers have an irregular migration status;
43. The Committee takes note of the information provided by the State party regarding the administrative detention of migrants and is very concerned about:
(d) The fact that the authorities may withhold expired Chilean identity cards, passports and national identity cards, which could leave migrants and members of their families without documents;
44. In light of the Committee’s general comment No. 2 (2013), the Committee recommends that the State party:
(d) Ensure that the regulations implementing the new Act provide that migrants and members of their families subject to a detention order may retain their identification documents, even if they have expired;
52. The Committee urges the State party to recognize by law the Chilean nationality of children of migrants in an irregular situation who were born in the territory of the State party in order to avoid any risk of their becoming stateless.
(Forced) migration context
Nationality/Identity documentation
Born on territory
Discrimination - Other
Legislative/Judicial/Administrative action