ISI Database on Statelessness and
Human Rights

36. The Committee is encouraged by the provisions of the draft Child Rights Act which incorporate the principle of the best interests of the child and it takes note of the legislative amendments which enshrine this principle. However, the Committee is concerned that this general principle is not fully applied and duly integrated in the implementation of the legislation, policies and programmes of the State party as well as in administrative and judicial decisions. For example, the implementation of the Jordanian Nationality Act may result in statelessness of the child.

37. As regards article 3, paragraph 1 of the Convention, the Committee emphasizes that the Convention is indivisible and its articles are interdependent and that the best interests of the child is a general principle of relevance to the implementation of the whole Convention. The State party should ensure that the best interests of the child is a primary concern, taken into account in all revisions of the legislation as well as in judicial and administrative decisions, and in projects, programmes and services which have an impact on children.

[...]

44. The Committee welcomes the amendment of the Jordanian Passport Act in 2003 according to which women and their children may obtain passports without the written permission of their husbands. However, the Committee notes that children of Jordanian fathers acquire Jordanian nationality at birth, regardless of the child’s birthplace, but that Jordanian women cannot transmit their nationality to their children born from a marriage with a non-Jordanian man, except under special humanitarian circumstances. The Committee is concerned that in some cases this may result in statelessness.

45. The Committee recommends that the State party review and amend the Jordanian Nationality Act (Law No. 7 of 1954) in order to ensure that a Jordanian mother married to a non-Jordanian man has the right to confer her nationality to her children equally and without discrimination.

[...]

80. In the light of articles 3 and 22 and other relevant provisions of the Convention, the Committee recommends that the State party accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol as well as to the 1954 Convention relating to the Status of Stateless Persons and to the 1961 Convention on the Reduction of Statelessness and develop a legislative framework for the protection of asylum-seeking and refugee children, particularly unaccompanied children.

7. The Committee regrets that no progress has been made in withdrawing, or limiting the extent of, the State party’s reservations to articles 7, 9, paragraph 4, 14, 21 and 30 of the Convention since the consideration of the State party’s initial report (CRC/C/78/Add.1).

8. The Committee reiterates, in the light of article 51, paragraph 2 of the Convention, its previous recommendation that the State party review its reservations with a view to withdrawing them, or limiting their extent, in accordance with the Vienna Declaration and Plan of Action adopted by the World Conference on Human Rights on 25 June 1993 (A/CONF.157/23).

17. The Committee recommends that the State party undertake measures to develop a systematic and comprehensive collection and disaggregation of data that is consistent with the Convention, and can be used for the development, implementation and monitoring of policies and programmes for children. Particular emphasis should be placed on gathering data relating to children who need special attention, including non-citizens, stateless and refugee children, and children of minorities. Consideration should be given to conducting analytical, in-depth studies on children who are particularly vulnerable, such as child victims of abuse, neglect, or ill-treatment; street children; children with disabilities and special needs; and children in long-term institutional care and residential boarding schools.

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26. The Committee welcomes the various steps taken by the State party to expedite the naturalization process of non-citizen and stateless children. The Committee remains concerned, however, that despite the 1998 amendment of the Citizenship Law, which entitles children born in the period 1992-2005 to citizenship, and is granted upon application, a considerable number of children in Latvia still do not yet have Latvian citizenship or are stateless.

27. The Committee recommends that the State party strengthen its efforts to accelerate the naturalization process for those who wish to gain citizenship, with the goal of eliminating the transitional legal status of non-citizens. The Committee encourages the State party to provide more information and support to the parents of non-citizen and stateless children to ensure that all children in Latvia can easily acquire citizenship.

[...]

52. The Committee welcomes the entry into force of the new law on asylum, yet is concerned that asylum-seekers and their children may be held at the border at inadequate detention facilities without access to medical care, and deported without access to legal counsel. The Committee is concerned that children born to parents who are asylum-seekers cannot be issued formal birth certificates. It is also concerned that the definition of “family” found in section 29 of the Asylum Law limits opportunities for family reunification, particularly in the case of separated or unaccompanied children whose parents are deceased or whose whereabouts are unknown.

53. The Committee recommends that the State party:

[...]
(c) Ensure that the births of children born to asylum-seekers are immediately registered in accordance with article 7 of the Convention;

32. In the light of article 7 of the Convention, the Committee recommends that the State party implement an efficient birth registration system that covers its territory fully, including through:

(a) Ensuring birth registration free of charge;

(b) Introducing mobile birth registration units in order to reach the remote areas;

(c) Taking appropriate measures to register those who have not been registered at birth; and

(d) Formalizing links between various service delivery structures and promoting awareness and appreciation of the importance of birth registration through mass campaigns that provide information on the procedure of birth registration, including the rights and entitlements derived from the registration, through, inter alia, television, radio and printed materials.

48. The Committee notes the efforts undertaken together with various United Nations agencies in order to improve the rate of birth registration, however it is concerned that 20 per cent of all Colombian children continue to lack birth registration, especially in rural areas and among Afro-Colombian and indigenous populations.

49. The Committee reiterates its previous recommendation (CRC/C/15/Add.137, para. 37) urging the State party to prioritize the immediate registration of the births of all children, and to promote and facilitate the registration of those children who were not registered at birth, in the light of article 7 of the Convention. The Committee recommends that the State party modernize and ensure the proper operation of the Registrar’s Office, including by providing it with the necessary resources in order to cover rural areas. The Committee encourages the State party to continue cooperation with United Nations agencies in order to improve birth registration.

31. While noting the efforts made by the State party to ensure that all births are registered and that all children are issued birth certificates, including by the establishment of mobile units, the Committee is concerned that a large number of children in the State party, in particular indigenous children and children living in remote areas, do have birth certificates. 

32. The Committee recommends that the State party strengthen its efforts to ensure that all children are registered free of charge, giving special attention to those children who were not registered at birth, to indigenous children and to children who live in remote areas, using innovative and accessible methods. The Committee also recommends that the State party undertake targeted and innovative efforts to raise awareness of the importance of birth registration for children for the full enjoyment of their rights.

37. The Committee notes with concern that children born to Palestinian fathers, who do not themselves possess recognized identity documents, are not registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and neither receive recognized identity documents from the State party nor have the ability to acquire a nationality, even if they have a Lebanese mother, as nationality can be transmitted solely through a child’s father.

38. In order to secure the full enjoyment of all human rights and fundamental freedoms by children in Lebanon, the Committee recommends that the State party ensure that all children within its territory, including the children of Palestinian refugees without identity documents, are registered immediately after birth. Meanwhile, children whose births have not been registered and who are without official documentation should be allowed to access basic services, such as health and education, while waiting to be properly registered.

39. The Committee reiterates its concern that citizenship is transmitted solely through a child’s father, which can result in statelessness, for example, among children born to Lebanese mothers and refugee fathers.

40. The Committee urges the State party to critically review its legislation, particularly the Legislative Decision No. 15/1925, in order to ensure that also a Lebanese mother has the right to confer Lebanese citizenship to her children equally and without discrimination.

25. The Committee is concerned at the information that, while the ages of marriage is normally set at 16 years, for Turkmen citizens who marry foreigners and stateless persons, the age of marriage is set at 18 years.

26. The Committee recommends that the State party eliminate this form of discrimination, by ensuring that all persons below 18 years of age receive the same protection under the Convention and that the age of marriage be the same for all Turkmen citizens, irrespective of the nationality of the future spouse.

59. The Committee is concerned that the national legal framework does not provide for the protection of refugee and asylum-seeking children as well as at the situation of internally displaced and stateless persons. The Committee is further concerned at the possible consequences that the closure of the office of UNHCR in Tashkent, upon request of the Government, may have on the protection of refugee and asylum-seeking children in the country. 

60. The Committee recommends that the State party adopt national refugee and migration legislation consistent with basic human rights standards and in particular with the Convention, and that it ensure human and financial resources for its implementation.

61. The Committee encourages the State party to consider ratifying the Convention on Refugee Status of 1951 and the Optional Protocol of 1967, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on Reduction of Statelessness.

31. The Committee welcomes the State party’s efforts to improve birth registration, including the decentralizing of the registration services, but it remains concerned that the current birth registration system does not cover about 15 per cent of children. The Committee is further concerned about the information that some birth certificates may contain false data.

32. The Committee recommends that the State party continue developing and implementing an effective decentralized system of birth registration and take other
measures to facilitate birth registration, in particular for children born from displaced persons, inter alia, by ending the practice of informal fees with a view to achieving
registration of all children in the State party by 2010. The Committee further recommends that the State party control the accuracy of birth certificates and ensure the implementation of the applicable law in this respect.