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

Number of results found: 2282

Universal Periodic Review (UPR) 2nd

Paraguay

102.61 Increase efforts to ensure that all children born in Paraguay can have their birth registered. 

102.61 Increase efforts to ensure that all children born in Paraguay can have their birth registered. 

Recommending State: Mexico

Recommendation Accepted

Birth registration
Universal Periodic Review (UPR) 2nd

Seychelles

120.24 Ratify the Convention relating to the Status of Stateless Persons. 

120.24 Ratify the Convention relating to the Status of Stateless Persons. 

Recommending State: Chile

Recommendation Noted

International Instruments
Universal Periodic Review (UPR) 2nd

Seychelles

120.100 Ensure the protection of children of migrant workers from statelessness. 

120.100 Ensure the protection of children of migrant workers from statelessness

Recommending State: Ukraine

Recommendation Accepted

(Forced) migration context
Committee on the Rights of the Child (CRC)

France

32. The Committee recommends that the State party address discrepancies among registry offices, and that it ratify the 1997 European Convention on Nationality and the 2009 Council of Europe Convention on the avoidance of statelessness in relation to State succession. The Committee reiterates...

32. The Committee recommends that the State party address discrepancies among registry offices, and that it ratify the 1997 European Convention on Nationality and the 2009 Council of Europe Convention on the avoidance of statelessness in relation to State succession. The Committee reiterates its previous recommendation and urges the State party to strengthen its efforts to ensure birth registration for all children in the overseas departments and territories, particularly in French Guyana, including through considering a longer extension of the period of time for the registration of newborns (see CRC/C/FRA/CO/4 and Corr.1, para. 42).

Birth registration International Instruments
Committee on the Rights of the Child (CRC)

Kenya

30. The Committee urges the State party to: (a) Expedite the adoption of a law that provides for universal and free birth registration at all stages of the registration process; (b) Further strengthen various efforts to ensure the birth registration of all children, in particular in rural...

30. The Committee urges the State party to:

(a) Expedite the adoption of a law that provides for universal and free birth registration at all stages of the registration process;

(b) Further strengthen various efforts to ensure the birth registration of all children, in particular in rural and remote areas, including through mapping out and registering those who have not been registered at birth;

(...)

(d) Consider acceding to the Convention relating to the Status of Stateless Persons, of 1954, and to the Convention on the Reduction of Statelessness, of 1961;

(e) Fully implement the decision of the African Committee of Experts on the Rights and Welfare of the Child in the case entitled “Institute for Human Rights and Development in Africa and Open Society Justice Initiative on behalf of children of Nubian descent in Kenya v. the Government of Kenya” (decision No. 002/Com/002/2009);

(f) Seek technical assistance from the Office of the United Nations High Commissioner for Refugees and UNICEF, among others, for the implementation of these recommendations.

 

62. The Committee recommends that the State party issue individual identity documentation to all refugee and asylum-seeking children regardless of their age, residence or status of family unification in order to guarantee their refugee or asylum- seeking status and their access to essential services.

Nationality/Identity documentation Birth registration International Instruments Legislative/Judicial/Administrative action Implementing measures - Other

Myanmar

34. As highlighted previously by the Special Rapporteur and previous mandate holders, it is crucial that the discriminatory Citizenship Law (1982) also be brought into line with international standards. In particular, provisions that provide for the granting of citizenship on the basis of...

34. As highlighted previously by the Special Rapporteur and previous mandate holders, it is crucial that the discriminatory Citizenship Law (1982) also be brought into line with international standards. In particular, provisions that provide for the granting of citizenship on the basis of ethnicity or race, which are clearly discriminatory, should be revised.

35. On 31 March 2015, all temporary registration cards, the main identification document held by Rohingya and by persons of Chinese or Indian descent, expired. On 2 June, the Government announced that those who had submitted their card by the deadline (around 469,000 people) were eligible to apply for new identity cards (referred to as “cards for those whose nationality will be scrutinized”). To date, the degree of acceptance of the new cards by the affected population has been low, mainly owing to a lack of trust in the process. Consequently, most Rohingya and other non-citizen minorities are now without any valid identity document, thus increasing their vulnerability. For many, the only current evidence of legal residence in Myanmar is the compulsory household list.

39. The Special Rapporteur calls upon the new Government to take immediate steps to put an end to the highly discriminatory policies and practices against the Rohingya and other Muslim communities in Rakhine. In practice, these policies deny the affected population some of their most fundamental rights. Of particular importance is the need to restore freedom of movement for all, which in turn could facilitate the process of return and reintegration of communities. Ongoing discriminatory restrictions to freedom of movement are largely used to control the Rohingya population; as a consequence, movement is restricted within and between townships, and people must obtain specific authorization to travel outside Rakhine State. These restrictions severely affect all aspects of their life, including access to livelihood, and hamper interactions between the Rakhine and Muslim communities. Without progress on this key issue, it will not be possible to address many of the other human rights concerns in Rakhine. Local orders in northern Rakhine State require Rohingya to obtain permission to marry, and attempt to limit couples to two children; any child born beyond that limit risks not being included in the family household list and remaining unregistered, a status that has a multitude of consequences for the child. As all children have the right to be registered at birth, the Special Rapporteur calls upon the Government to take steps towards ensuring universal birth registration in Rakhine, regardless of the child’s or the child’s parents’ nationality, statelessness or legal status (see A/HRC/31/29; see also CRC/C/MMR/CO/3-4, para. 44).

41. In northern Rakhine, arbitrary arrests and detention continue to be reported. Some cases appear linked to extortion, given that detainees are often released following the payment of a bribe. Since January 2016, the Border Guard Police and the “Immigration Team for the Prevention of Illegal Immigration of Foreigners” (MaKaPa) have been conducting their annual population check to update Rohingya household lists. They have announced new and cumbersome procedures for adding children to the lists, which may perpetuate the problem of unregistered children.

42. On 8 February 2016, the curfew order imposed in northern Rakhine since June 2012 was once again renewed for two months. The order also prohibits gatherings of five or more people in public areas, including at mosques, further affecting on daily life and basic religious observance. The curfew and related restrictions are discriminatory, as they appear to be enforced only against the Rohingya.

44. Little progress has been made in resolving the legal status of the more than 1 million Rohingya in Myanmar, including their access to citizenship. The citizenship verification process, which had raised international concern, including that of the Special Rapporteur (see A/69/398, para. 52 and A/70/412, para. 41), is effectively stalled. Those granted citizenship through the process, including in Myebon Township, where it was piloted in June 2014, reportedly remain in camps and continue to face restrictions on their freedom of movement and access to basic services

84. With regard to incitement to discrimination, the Special Rapporteur recommends that the Government and Parliament of Myanmar:

(c) Review and amend the Citizenship Law (1982) to bring it into line with international standards; and, in particular, remove any provisions that provide for the granting of citizenship on the basis of ethnicity or race;

(d) Resolve the legal status of habitual residents of Myanmar, including former holders of the temporary registration card, and ensure that they have equal access to citizenship through a non-discriminatory process.

Protection/Enjoyment of rights Detention Lack of documents/Access to documentation Remedy/Reparation Birth registration Race/Ethnicity Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Zambia

32. The Committee recommends that the State party: (a) Strengthen its efforts to develop and implement free birth registration procedures and issuance of birth certificates with a special focus on children in rural areas and marginalized groups of children, such as refugee children; (b)...

32. The Committee recommends that the State party:

(a) Strengthen its efforts to develop and implement free birth registration procedures and issuance of birth certificates with a special focus on children in rural areas and marginalized groups of children, such as refugee children;

(b) Strengthen and expand mobile birth registration to reach universal coverage, particularly for registration of children in rural areas, refugee children and those who have never been registered;

(c) Take measures to decentralize the birth registration system and provide adequate human, technical and financial resources so that birth certificates can be processed and issued at the district and provincial levels;

(d) Increase public awareness about the importance of birth registration and the process by which children are registered.

Birth registration
Committee on the Rights of the Child (CRC)

Latvia

35. The Committee recommends that the State party intensify its efforts to ensure that all children have access to a nationality, including by reviewing the Citizenship Law to automatically grant citizenship to children born in Latvia who would otherwise be stateless, including children of...

35. The Committee recommends that the State party intensify its efforts to ensure that all children have access to a nationality, including by reviewing the Citizenship Law to automatically grant citizenship to children born in Latvia who would otherwise be stateless, including children of parents with “non-citizen” status and parents who are unable to transmit their citizenship to their child. The Committee also recommends that the State party consider ratifying the 1997 European Convention on Nationality and the 2009 Council of Europe Convention on the avoidance of statelessness in relation to State succession.

Born on territory International Instruments Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Iran

44. The Committee urges the State party to take measures to ensure the birth registration of all children, regardless of their parents’ legal status and/or origin. The Committee urges the State party, in doing so, to ensure that children of registered refugees and unregistered foreigners are...

44. The Committee urges the State party to take measures to ensure the birth registration of all children, regardless of their parents’ legal status and/or origin. The Committee urges the State party, in doing so, to ensure that children of registered refugees and unregistered foreigners are provided with birth certificates without any conditions.

45. The Committee takes note with appreciation of the Act on Determination of the Nationality of Children Born into Marriages of Iranian Women with Men of Foreign Nationality, of 2006, amending article 976 of the Civil Code which had previously conferred Iranian nationality only through jus sanguinis on the paternal side. However, the Committee is concerned that, under the amendment, such naturalization is only possible upon reaching 18 years of age and thus does not address statelessness in childhood. In addition, the Act establishes difficult eligibility requirements for naturalization, including proof of the father’s documents and proof of marriage, which automatically excludes children born out of wedlock. Furthermore, the Committee regrets that the State party did not provide information on the number of children born to Iranian mothers and foreign fathers who have been naturalized since 2006.

46. The Committee strongly urges the State party to review the provisions of the Act on Determination of the Nationality of Children Born into Marriages of Iranian Women with Men of Foreign Nationality amending the Civil Code, and to ensure that all children who are born to Iranian mothers, including children born out of wedlock, are entitled to Iranian citizenship on the same conditions as children born to Iranian fathers. The Committee also recommends that the State party provide information on the number of children born to Iranian mothers who have been naturalized, in its next periodic report.

Access to nationality/Naturalization Birth registration Gender Discrimination - Other Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Oman

34. The Committee recommends that the State party amend its laws to grant Omani women equal rights to Omani men with regard to the transmission of their nationality to their children and that it provide adequate safeguards to ensure the conferral of citizenship on children who would...

34. The Committee recommends that the State party amend its laws to grant Omani women equal rights to Omani men with regard to the transmission of their nationality to their children and that it provide adequate safeguards to ensure the conferral of citizenship on children who would otherwise be stateless. It also recommends that the State party strengthen efforts to ensure that all births in the State party are registered, including, in cooperation with the States concerned, those of children of migrant workers, and that it provide statistics so that this issue can be assessed in the next periodic report. It further recommends that the State party become party to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

44. The Committee recommends that the State party: (b) Consider introducing a reform of the Civil Status Act and other relevant legislation, specifically with respect to marriage, divorce, property, inheritance, nationality, guardianship and custodial rights, to ensure that men and women, and boys and girls, have equal rights and responsibilities;

60. The Committee recommends that the State party establish policies for the provision of education, health and other social services to all children present in the State party, including children of documented and undocumented migrant workers and refugees. It also recommends that the State party become party to the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees, enact national legislation on asylum that is in line with international standards, and provide safeguards against refoulement that incorporate the principle of the best interests of the child, with a view to ensuring the protection of refugee and asylum- seeking children. The Committee further recommends that the State party strengthen coordination with the Office of the United Nations High Commissioner for Refugees and with governmental institutions to ensure the provision of assistance and protection to refugee, asylum-seeking and stateless children in line with the Convention on the Rights of the Child.

Protection/Enjoyment of rights Birth registration Gender International Instruments Legislative/Judicial/Administrative action Implementing measures - Other