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

Number of results found: 161

Committee on the Rights of the Child (CRC)

Romania

18. The Committee notes as positive Law no. 105/2022 providing for the automatic birth registration for Romanian and foreign citizens and proposed amendments to Law No. 21/1991 on Citizenship to prevent statelessness such as not to withdraw Romanian citizenship from a person if that would...

18. The Committee notes as positive Law no. 105/2022 providing for the automatic birth registration for Romanian and foreign citizens and proposed amendments to Law No. 21/1991 on Citizenship to prevent statelessness such as not to withdraw Romanian citizenship from a person if that would entail the loss of citizenship of his/her spouse and children. The Committee recommends that the State party:

(a) Ensure that all children have access to birth registration and birth certificates without delay, with particular attention to Roma children, Ukrainian children born in Romania since February 2022 and children born to refugee mothers;

(b) Continue to review Law No. 21/1991 in compliance with article 7 of the Convention, to include safeguards against statelessness at birth, including for children born to stateless parents and parents who cannot transmit their nationality to their children, and to establish a dedicated statelessness determination procedure;

(c) Collect disaggregated data on stateless children.

Identification and determination procedures Birth registration Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

Gambia

54.247 Conduct and publish cartographic studies and collect data on cases of statelessness in the country.

54.247 Conduct and publish cartographic studies and collect data on cases of statelessness in the country.

Recommending State: Colombia

Recommendation Accepted

Data Collection/Monitoring/Reporting
Committee on the Elimination of Discrimination against Women (CEDAW)

Luxembourg

37. The Committee recommends that the State Party, in line with its obligations under the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness: (a) Guarantee the right of persons applying for stateless status to reside in Luxembourg...

37. The Committee recommends that the State Party, in line with its obligations under the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness:

(a) Guarantee the right of persons applying for stateless status to reside in Luxembourg during the application process and automatically recognize this right upon the granting of stateless status;

(b) Incorporate into national legislation the Office of the United Nations High Commissioner for Refugees standards on the registration of refugees, stateless persons and asylum seekers and compile gender-disaggregated data on stateless women and girls and asylum-seeking women and girls.

Committee on the Elimination of Discrimination against Women (CEDAW)

Nepal

35. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, and its previous recommendation (CEDAW/C/NPL/CO/6, para. 31), the Committee recommends that the State Party: (a) Accelerate the adoption...

35. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, and its previous recommendation (CEDAW/C/NPL/CO/6, para. 31), the Committee recommends that the State Party:

(a) Accelerate the adoption of the citizenship bill and ensure that it addresses all types of discrimination against Nepali women and their children;

(b) Repeal articles 11 (5) and 11 (7) of the Constitution that prevent Nepali women from transferring citizenship on an equal basis with men to their children, recognizing the independent right of each parent to transfer citizenship by descent;

(c) Amend article 11 (3) of the Constitution to allow for birth registration by the “father or mother”, rather than the “father and mother”, with a view to preventing statelessness;

(d) Amend article 11 (6) of the Constitution to ensure that Nepali women have the right to transfer citizenship to their spouse on the same terms as Nepali men and remove the requirement of self-declaration and penalties for Nepali mothers to transfer citizenship to their children with unidentified fathers;

(e) Ensure universal birth registration for all children regardless of the legal status of their parents, including for children of stateless women, refugees, migrant women and women sex workers, in line with the Constitution and the State Party’s international human rights obligations;

(f) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

58. The Committee requests the State Party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 35 (b) and 35 (c) on nationality, and 53 (c) and 53 (e) on marriage and family relations.

Birth registration Gender International Instruments Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Belize

30. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State Party: (a) Adopt comprehensive legislation establishing a statelessness determination procedure...

30. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State Party:

(a) Adopt comprehensive legislation establishing a statelessness determination procedure and ensure that all women and girls in the State Party at risk of statelessness have access thereto;

(b) Facilitate women’s and girls’ access to birth registration, especially in rural and Indigenous areas and those with a high concentration of asylumseeking and migrant women and girls, through mobile civil registry units, affordable and easy-to-access procedures, including online, to ensure that they are not excluded from nationality, access to justice, education, healthcare, social benefits and other services;

(c) Ensure that the proposed amendments to the Nationality (Amendment) Act do not discriminate against women and girls on the basis of residency status;

44. The Committee reiterates its previous recommendations (CEDAW/C/BLZ/ CO/4, paras. 9 and 10) that the State Party put in place a comprehensive system of data collection in all areas covered by the Convention to assess the actual situation of women and to track trends over time. The Committee recommends that such a system mainstream gender and intersectionality and comprise, at least:

(a) Quantitative information (disaggregated by sex, ethnicity and rural and urban areas, as well as data on women with disabilities, Indigenous women, including Creole, Garifuna and Maya women, refugee, asylum-seeking, stateless and migrant women and girls, LGBT women, intersex persons and older women);

Identification and determination procedures Birth registration Discrimination - Other Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee against Torture (CAT)

Namibia

26. [...] While noting the measures taken to address statelessness, including the implementation of the national action plan and the birth registration outreach programmes, notably in rural areas, the Committee is concerned about reports indicating the continued existence of de facto...

26. [...] While noting the measures taken to address statelessness, including the implementation of the national action plan and the birth registration outreach programmes, notably in rural areas, the Committee is concerned about reports indicating the continued existence of de facto stateless persons living in tribal and traditional communities. [...]

27. The State party should: (...)

(b) Update and maintain complete statistical data, disaggregated by gender, age and country of origin, on asylum-seekers, refugees, stateless persons and migrants in Namibia, including information on expulsion and deportation procedures and repatriations conducted on a voluntary basis; (...)

(d) Consider acceding to the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa of 1969, the Convention relating to the Status of Stateless Persons of 1954 and the Convention on the Reduction of Statelessness of 1961 and ensure that the currently drafted national legislation on stateless persons is in line with international standards.

International Instruments Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Chile

12. Recalling the links between articles 1 and 2 of the Convention and target 5.1 of the Sustainable Development Goals, to end all forms of discrimination against all women and girls everywhere, the Committee recommends that the State party: (a) Fully incorporate the Convention into the...

12. Recalling the links between articles 1 and 2 of the Convention and target 5.1 of the Sustainable Development Goals, to end all forms of discrimination against all women and girls everywhere, the Committee recommends that the State party:

(a) Fully incorporate the Convention into the domestic legal order and adopt anti-discrimination legislation ensuring formal and substantive equality addressing both direct and indirect discrimination in the public and private spheres, as well as intersecting forms of discrimination faced by disadvantaged groups of women and girls, such as rural women, Indigenous and Afrodescendent women, older women single women, women living in poverty, women with disabilities, lesbian, bisexual, transgender and intersex women, and asylumseeking, refugee, stateless and migrant women, in line with articles 1 and 2 of the Convention;

32. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party strengthen measures to ensure immediate birth registration for all children born to migrants, including those born in transit to the State party.

50. (...) It further recommends that the State party:

(d) Collect and provide comprehensive disaggregated data on the social and economic situation of asylum-seeking, refugee and stateless women and girls, including their access to justice, education, employment, healthcare and housing, in the next periodic report;

 

Protection/Enjoyment of rights Birth registration Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Turkmenistan

19. While welcoming the State party’s efforts to eliminate statelessness and ensure the registration and issuance of birth certificates for all children born in its territory, the Committee recalls its previous concluding observations7 and recommends that the State party: (a) Facilitate the...

19. While welcoming the State party’s efforts to eliminate statelessness and ensure the registration and issuance of birth certificates for all children born in its territory, the Committee recalls its previous concluding observations7 and recommends that the State party:

(a) Facilitate the naturalization process for stateless children and their eligible family members under the Law on Citizenship;

(b) Remove the requirement for former refugee and stateless children, and children from mixed families who are recognized as Turkmen citizens, to provide a certificate of absence of a second citizenship during each passport renewal;

(c) Improve data collection on the number of stateless individuals, including children, and individuals of undetermined nationality in Turkmenistan and actively cooperate with the Office of the United Nations High Commissioner for Refugees by sharing disaggregated statistics to support the efforts of the Office.

41. Recalling joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration and its general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party:

(c) Ensure that refugee and stateless children who do not have proof of residence registration (propiska) are not deprived of their rights to education, healthcare, social benefits and other essential public services by implementing alternative registration mechanisms or providing special provisions in line with the Convention

Protection/Enjoyment of rights Remedy/Reparation Data Collection/Monitoring/Reporting
Committee on the Elimination of Racial Discrimination (CERD)

Iran

5. Recalling its general recommendation No. 8 (1990) concerning the interpretation and application of article 1 (1) and (4) of the Convention, and its guidelines for reporting under the Convention, the Committee recommends that the State party collect and provide to the Committee reliable,...

5. Recalling its general recommendation No. 8 (1990) concerning the interpretation and application of article 1 (1) and (4) of the Convention, and its guidelines for reporting under the Convention, the Committee recommends that the State party collect and provide to the Committee reliable, updated and comprehensive statistics on the demographic composition of the population, based on the principle of self-identification, including on ethnic and ethno-religious minority groups and non-citizens, such as undocumented migrants, refugees, asylum-seekers and stateless persons. It also recommends that the State party produce disaggregated statistics on the socioeconomic situation of ethnic and ethno-religious minority groups and of non-citizens and on their access to education, employment, health care and housing, with a view to creating an empirical basis for assessing the equal enjoyment of the rights enshrined in the Convention. (...)

37. The Committee recommends that the State party:


(a) Ensure that the revision of its legislative framework is in compliance with international human rights principles and the objectives and purposes of the Convention to combat statelessness, particularly by maintaining the provision allowing Iranian women married to foreign men to transmit their nationality to their children at the time of birth;


(b) Take measures to ensure the availability and accessibility of birth registration and identity documents, which are required for the determination of citizenship, to members of ethnic and ethno-religious minority groups and in provinces inhabited mainly by them, in order to prevent statelessness;


(c) Ratify the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness;


(d) Adopt a national plan to combat statelessness.

Protection/Enjoyment of rights Nationality/Identity documentation Birth registration Gender International Instruments Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Estonia

21. While noting the amendment to the Citizenship Act (1995) in 2020, the Committee recalls its previous recommendations and recommends that the State party: (a) Establish procedures for the identification and determination of persons as stateless, facilitate the naturalization of children...

21. While noting the amendment to the Citizenship Act (1995) in 2020, the Committee recalls its previous recommendations and recommends that the State party:

(a) Establish procedures for the identification and determination of persons as stateless, facilitate the naturalization of children with undetermined citizenship and collect data, disaggregated by relevant factors, on stateless children;

(b) Consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness;

(c) Consider ratifying the European Convention on Nationality and the Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession.

40. Recalling the joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration and its general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, the Committee recalls its previous concluding observations9 and urges the State party:

(d) To consider ratifying the Convention relating to the Status of Refugees, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

Identification and determination procedures Access to nationality/Naturalization International Instruments Data Collection/Monitoring/Reporting