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

Number of results found: 323

Committee on the Elimination of Racial Discrimination (CERD)

Pakistan

6. Recalling its previous concluding observations, the Committee recommends that the State party produce statistics on the socioeconomic situation of all ethnic groups and non-nationals, including migrants, refugees, asylum-seekers and stateless persons, in particular on their enjoyment of...

6. Recalling its previous concluding observations, the Committee recommends that the State party produce statistics on the socioeconomic situation of all ethnic groups and non-nationals, including migrants, refugees, asylum-seekers and stateless persons, in particular on their enjoyment of economic, social and cultural rights, disaggregated by sex and age, with a view to creating an empirical basis for assessing the enjoyment of the rights enshrined in the Convention. It also recommends that the State party improve and diversify the collection of data on the ethnic composition and national origin of its population on the basis of self-identification and anonymity. The Committee draws the attention of the State party to its general recommendations No. 4 (1973) concerning reporting by States parties under article 1 of the Convention and No. 24 (1999) concerning article 1 of the Convention.

26. The Committee recommends that the State party:

(d) Increase efforts to improve the birth registration system, including by addressing barriers to registration, such as a lack of resources or distrust among communities towards public authorities.

Protection/Enjoyment of rights Birth registration 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 Elimination of Racial Discrimination (CERD)

Iraq

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...

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 comprehensive and disaggregated statistics on the demographic composition of the population, particularly on ethnicity, while respecting the principle of self-identification in the 2024 population census, together with statistics on the socioeconomic situation of ethnic and ethno-religious minority groups, including Roma, and of people of African descent, internally displaced persons, stateless persons and non-citizens, such as refugees and migrants, and on their access to education, employment, health care and housing, with a view to creating an empirical basis for assessing and monitoring the equal enjoyment of the rights enshrined in the Convention.

32. While noting the information provided on the draft amendments to the Iraqi Nationality Act (Act No. 26 of 2006), the Committee notes with concern that these amendments were not adopted, and that no other measures have been taken to simplify the reinstatement of Iraqi citizenship to Feyli Kurds. It is concerned that Feyli Kurds still face administrative obstacles to the reinstatement of their citizenship owing to burdensome requirements for applicants. The Committee is also concerned about the lack of a policy to combat statelessness (arts. 2 and 5).

33. Reiterating its previous recommendations, the Committee recommends that the State party take effective measures, including by amending the legislative framework on nationality, to facilitate the process of reinstating Iraqi citizenship to Feyli Kurds and removing all administrative obstacles throughout the process. It also recommends that the State party adopt and implement a policy to combat statelessness.

34. The Committee is concerned about:


(a) Reports that members of ethnic and ethno-religious minority groups,
particularly non-Muslims, are reluctant to obtain unified national identity documents or birth certificates for their children as they are arbitrarily registered as Muslims in the civil registry system, which leads to  discrimination and stigmatization by their communities, the risk of statelessness and discrimination in the enjoyment of the rights protected under the Convention; (...)

(c) The lack of measures taken to address the discriminatory practice of, in the absence of paternity documents, automatically registering children born of rape to Yazidi women who were held captive by Da’esh and children born to non-Muslim mothers and undocumented or deceased fathers as  Muslims, leading to stigmatization and rejection by their communities and the risk of statelessness; (...)

35. The Committee recommends that the State party:

(a) Review its legislative framework on civil registration to address the
arbitrary and automatic registration of members of ethnic and ethno-religious minority groups as Muslims, including in the case of children born to non-Muslim mothers where the father is unknown or uninvolved in the life of the child, in particular children born of rape to Yazidi women who were held captive by Da’esh; 

(b) Take effective measures to address the administrative shortcomings of the civil registry system and complex procedures and requirements to prevent statelessness, while taking into account the situation of members of ethnic and ethno-religious minority groups, including Roma, and internally displaced persons who have lost their documents or lack them;

(c) Establish a dedicated and effective determination procedure in relation to statelessness.

 

42. (...) The Committee encourages the State party to accede to the Convention relating to the Status of Refugees and the Protocol thereto, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

Protection/Enjoyment of rights Lack of documents/Access to documentation Identification and determination procedures Remedy/Reparation Loss/Deprivation Birth registration Religion International Instruments Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

North Macedonia

117.117 Grant access to education to all minors, including refugees, stateless persons and those under temporary protection.

117.117 Grant access to education to all minors, including refugees, stateless persons and those under temporary protection.

Recommending State: Costa Rica

Recommendation Accepted

Protection/Enjoyment of rights Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Namibia

10. Noting with concern significant data gaps on the situation of children, the Committee recommends that the State party: (c) Improve the collection and analysis of data on birth registration (...) 16. While noting the efforts of the State party to address discrimination, the Committee...

10. Noting with concern significant data gaps on the situation of children, the Committee recommends that the State party:

(c) Improve the collection and analysis of data on birth registration (...)

16. While noting the efforts of the State party to address discrimination, the Committee recommends that the State party: (...)

(c) Ensure that children in disadvantaged situations have access to birth registration, education, adequate health services, housing and an adequate standard of living.

20. The Committee notes with appreciation the digitalization of birth registration but is concerned about barriers faced by children in disadvantaged situations. The Committee recommends that the State party:

(a) Strengthen its efforts to achieve universal birth registration and ensure that all children, including children in rural areas, children belonging to minority groups, asylum-seeking and refugee children, children whose place of birth cannot be determined and children without identity documents, have access to birth registration and identity documents, including by adopting the civil registration and identification bill, increasing mobile registration units and outreach visits to rural areas, strengthening multi-agency coordination between government departments, health-care facilities and schools and providing interpretation services;

(b) Conduct a comprehensive public awareness-raising campaign regarding the importance of registering children’s births and the associated procedures, particularly targeting rural areas and regions with low registration rates;

(c) Ensure that safeguards are in place for the protection of stateless children, in line with the State party’s harambee prosperity plan and the pledge made at the Global Refugee Forum to prevent and reduce statelessness;

(d) Take legislative measures, including by adopting the bill on statelessness, to facilitate the acquisition of nationality for children who would otherwise be stateless, including foundlings and orphans, and ensure that such provisions include a definition of foundling;

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

21. The Committee notes with appreciation the decriminalization of “baby-dumping” but is concerned about the large number of abandoned babies and the lack of a legal framework for surrogacy. The Committee recommends that the State party:

(b) Consider adopting a regulatory framework for protecting the rights of children born through surrogacy, including their right to nationality and access to information about their origins.

40. Noting with appreciation the policy on inclusive education of 2013 and the establishment of schools in Osire refugee camp for asylum-seeking and refugee children, the Committee recommends that the State party:

(a) Strengthen measures aimed at ensuring that all children with disabilities, including forcibly displaced and stateless children, have access to inclusive education in mainstream schools, such as by: (i) incorporating innovative teaching methods and approaches for enhancing inclusion into the policy on inclusive education; (ii) allocating sufficient resources for ensuring reasonable accommodation within schools infrastructure; and (iii) adapting curricula and training, and assigning specialized teachers and professionals to integrated classes, so that children with disabilities receive individual support and due attention;

 

Protection/Enjoyment of rights Foundlings/Unaccompanied children Adoption/Surrogacy Birth registration International Instruments Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

Chile

24.329 Adopt a legal framework to protect stateless persons.

24.329 Adopt a legal framework to protect stateless persons.

Recommending State: Algeria

Recommendation Accepted

Protection/Enjoyment of rights Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

Uruguay

125.274 Design a comprehensive policy to provide humanitarian assistance and facilitate access for refugees, stateless persons and asylum-seekers to their rights, and allocate adequate budget and staff.

125.274 Design a comprehensive policy to provide humanitarian assistance and facilitate access for refugees, stateless persons and asylum-seekers to their rights, and allocate adequate budget and staff.

Recommending State: Costa Rica

Recommendation Accepted

Protection/Enjoyment of rights Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

Uruguay

125.273 Standardize the administrative criteria on the differences between “Uruguayan legal citizenship” and “Uruguayan nationality”, by designing policies that facilitate and guarantee the rights of refugees, stateless persons and asylum-seekers.

125.273 Standardize the administrative criteria on the differences between “Uruguayan legal citizenship” and “Uruguayan nationality”, by designing policies that facilitate and guarantee the rights of refugees, stateless persons and asylum-seekers.

Recommending State: Chile

Recommendation Accepted

Protection/Enjoyment of rights Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Malaysia

35. Recalling its previous recommendation (CEDAW/C/MYS/CO/3-5, para. 34) and its general recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee urges the State party to: (a) Amend the Federal Constitution to...

35. Recalling its previous recommendation (CEDAW/C/MYS/CO/3-5, para. 34) and its general recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee urges the State party to:

(a) Amend the Federal Constitution to remove discriminatory provisions and enable Malaysian women to transmit their nationality to their foreign spouses and their children on an equal basis with men and make the amendments retroactive;

(b) Withdraw the constitutional amendments that would deny automatic conferral of citizenship to children of stateless permanent residents, extend the period during which foreign wives can be deprived of their citizenship and reduce the time available to apply for citizenship for children in “special circumstances”;

(c) Fulfil its pledge to resolve the pending 14,000 applications for Malaysian citizenship by children in “special circumstances” by the end of 2024, and favourably consider these applications with a view to protecting the applicants from statelessness and rights deprivation;

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

Protection/Enjoyment of rights Remedy/Reparation Loss/Deprivation (Forced) migration context Access to nationality/Naturalization Gender International Instruments Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Kuwait

19. The Committee welcomes the establishment of a committee to review legislation related to women. It notes with concern, however, that discriminatory provisions remain in force, including in the Personal Status Act (No. 51 of 1984), the Criminal Code, the Nationality Act of 1959 and the...

19. The Committee welcomes the establishment of a committee to review legislation related to women. It notes with concern, however, that discriminatory provisions remain in force, including in the Personal Status Act (No. 51 of 1984), the Criminal Code, the Nationality Act of 1959 and the Private Sector Labour Act (No. 6 of 2010).

20. (...) It urges the State party to take immediate action to review and amend its laws to remove all provisions that discriminate against women and girls.

44. The Committee recommends that the State party amend the Nationality Act to recognize the right of Kuwaiti women to transmit their nationality to non-Kuwaiti spouses and children on equal terms with Kuwaiti men. It also recommends that the State party immediately discontinue the practice of placing children born out of wedlock or as a result of rape in orphanages and ensure that their mothers are not subject to criminal prosecution or deportation.

46. The Committee recommends that the State party:

(a) Regularize the situation of members of the bidun community, to ensure their full enjoyment of fundamental rights, freedom from discrimination and equal access to opportunities, including social services, health care (including maternal health care), education, decision-making systems and employment;

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

Protection/Enjoyment of rights Remedy/Reparation Gender International Instruments Legislative/Judicial/Administrative action