31. The Committee urges the State party to take all legislative and administrative measures to ensure that children born in its territory have due access to birth registration, irrespective of their parents migrant status.
32. The Committee shares the concern expressed by the Committee on the Elimination of Discrimination against Women upon the consideration of the combined fifth and sixth periodic reports of Chile (CEDAW/C/CHL/CO/5-6, para. 26) that the exception to the jus soli principle relating to foreigners in transit is systematically applied to migrant women in an irregular situation, irrespective of the length of their stay in the State party, and that, as a result, their children cannot receive Chilean nationality at birth and can only opt for Chilean nationality within a period of one year immediately following their twenty-first birthday.
33. The Committee encourages the State party to:
(a) Review and amend its legislation to ensure that all children born in the State party who would otherwise be stateless can acquire Chilean nationality at birth, irrespective of their parents migrant status, as recommended by the Committee on Migrant Workers (CMW/C/CHL/CO/1, para. 33);
(b) Ratify the Convention relating to the Status of Stateless Persons (1954) and the Convention on the Reduction of Statelessness (1961).
(Forced) migration context
Born on territory
Birth registration
International Instruments
Legislative/Judicial/Administrative action