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

Number of results found: 1382

Committee on Migrant Workers (CMW)

Azerbaijan

36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights:(c)           Ensure that: In line with its human rights obligations,...

36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights:

(c)           Ensure that:

In line with its human rights obligations, alternative measures to detention are considered and made use of before imposing detention measures. The Committee understands as alternatives to detention all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding arbitrary detention of migrants, asylum seekers, refugees and stateless persons;

46.         In line with joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, and in accordance with target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party:

               (a)          Ensure that all children of Azerbaijani migrant workers abroad and children born on the territory of the State party, in particular children born to migrants in an irregular situation and asylum-seekers, are registered at birth and issued personal identity documents and that it raise awareness on the importance of birth registration among them;

               (b)          Establish an effective statelessness determination procedure with specific procedural considerations and safeguards given the critical role of nationality for all people, including migrant workers and members of their families, and provide information, including statistics, in its next periodic report on the extent of the phenomenon.

Detention Identification and determination procedures Born on territory Born abroad Birth registration Data Collection/Monitoring/Reporting
Committee on Migrant Workers (CMW)

Rwanda

38.         The Committee recommends that the State party:                (a)          Ensure that all children of Rwandan migrant workers born abroad are registered at birth and issued with identity documents at consular services, and that birth registration is facilitated and free of...

38.         The Committee recommends that the State party:

               (a)          Ensure that all children of Rwandan migrant workers born abroad are registered at birth and issued with identity documents at consular services, and that birth registration is facilitated and free of charge everywhere and under all circumstances, in accordance with target 16.9 of the Sustainable Development Goals;

               (b)          Raise awareness of the importance of birth registration among migrant workers and members of their families, especially those in an irregular situation;

               (c)          Set up clear statelessness determination procedures and ease access to citizenship, given the critical role that nationality plays in the treatment of all persons especially migrants workers.

42.       In line with the recommendations for addressing women’s human rights in the global compact for safe, orderly and regular migration, the Committee recommends that the State party: (...)

(c)           Ensure individual identity documentation is provided to all migrant women and girls and wives or partners of migrant workers, specifically with the aim of ensuring access to services required to protect and guarantee their rights.

Identification and determination procedures (Forced) migration context Access to nationality/Naturalization Nationality/Identity documentation Born abroad Birth registration
Committee on Migrant Workers (CMW)

Chile

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)...

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
Human Rights Committee (CCPR)

Uzbekistan

9. The State party should: (a) Adopt comprehensive legislation prohibiting discrimination, including multiple, direct and indirect discrimination, in all spheres, in both the public and the private sectors, on all the grounds prohibited under the Covenant, including colour, political or...

9. The State party should:

(a) Adopt comprehensive legislation prohibiting discrimination, including multiple, direct and indirect discrimination, in all spheres, in both the public and the private sectors, on all the grounds prohibited under the Covenant, including colour, political or other opinion, national origin, property, birth, sexual orientation and gender identity or other status;

(...)

41. (...) The State party should also ensure that current citizenship legislation provides adequate safeguards for the prevention of statelessness in compliance with international standards. The Committee also encourages the State party to accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, to the 1954 Convention relating to the Status of Stateless Persons and to the 1961 Convention on the Reduction of Statelessness.

Discrimination - Other International Instruments Legislative/Judicial/Administrative action
Human Rights Committee (CCPR)

Central African Republic

32. The State party should: (...) (b) Create conditions that are conducive to sustainable solutions for displaced persons and stateless refugees, including their voluntary and safe return; (c) Facilitate birth registration, including by raising public awareness and facilitating and...

32. The State party should:

(...)

(b) Create conditions that are conducive to sustainable solutions for displaced persons and stateless refugees, including their voluntary and safe return;

(c) Facilitate birth registration, including by raising public awareness and facilitating and expediting access to civil registry offices.

 

Stateless Persons - Other Birth registration
Human Rights Committee (CCPR)

Portugal

35. The State party should: (...) (c) Establish an effective mechanism for the identification of vulnerable applicants, in particular stateless persons; (...)  

35. The State party should: (...)

(c) Establish an effective mechanism for the identification of vulnerable applicants, in particular stateless persons;

(...)

 

Identification and determination procedures
Human Rights Committee (CCPR)

Dominica

38. The State party should: (...) (b) Collect and publish data on the situation of refugees, asylum seekers and stateless persons in the State party’s territory; (...) (d) Consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the...

38. The State party should:

(...)

(b) Collect and publish data on the situation of refugees, asylum seekers and stateless persons in the State party’s territory;

(...)

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

International Instruments Data Collection/Monitoring/Reporting
Committee on the Rights of the Child (CRC)

Micronesia

32. Taking note of target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party strengthen its efforts to register all children, including children born in the outer islands, by, among other measures, introducing mobile registration units in the outer...

32. Taking note of target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party strengthen its efforts to register all children, including children born in the outer islands, by, among other measures, introducing mobile registration units in the outer islands, raising awareness among the general public of the importance of birth registration and improving the completeness and accuracy of information collected at birth. 

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

Tuvalu

23. Taking note of target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party intensify its efforts to ensure that all children in its territory, including the children of unmarried parents and children in the outer islands, have access to birth...

23. Taking note of target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party intensify its efforts to ensure that all children in its territory, including the children of unmarried parents and children in the outer islands, have access to birth registration, including through setting up mobile registration units, abolishing all birth registration fees and raising awareness among the general public of the importance of birth registration. 

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

Austria

21. The Committee recommends that the State party: (a) Expand the scope of the Austrian Citizenship Act in order to automatically grant nationality at birth to children born on Austrian territory who would otherwise be stateless or, as a minimum, bring article 14 (1) (5) of the Act in line...

21. The Committee recommends that the State party:

(a) Expand the scope of the Austrian Citizenship Act in order to automatically grant nationality at birth to children born on Austrian territory who would otherwise be stateless or, as a minimum, bring article 14 (1) (5) of the Act in line with the 1961 Convention on the Reduction of Statelessness to extend the period during which stateless persons may apply for nationality from two years to three years;

(b) Given the information provided by the delegation regarding a simplified procedure for the acquisition of Austrian nationality by children born out of wedlock to Austrian fathers, amend article 7 of the Austrian Citizenship Act to ensure that such children acquire Austrian nationality retroactively upon establishment of fatherhood. 

Access to nationality/Naturalization Born on territory International Instruments Legislative/Judicial/Administrative action