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    Nationality

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    rakhmonovmuhammadali47
    The document summarizes the core UN human rights treaties that guarantee the right to nationality, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Elimination of All Forms of Racial Discrimination, and Convention on the Rights of Persons with Disabilities. These treaties recognize that everyone has the right to a nationality and prohibit states from arbitrarily depriving individuals of their nationality.

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    Nationality

    Uploaded by

    rakhmonovmuhammadali47
    34 views4 pages
    The document summarizes the core UN human rights treaties that guarantee the right to nationality, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Elimination of All Forms of Racial Discrimination, and Convention on the Rights of Persons with Disabilities. These treaties recognize that everyone has the right to a nationality and prohibit states from arbitrarily depriving individuals of their nationality.

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    The document summarizes the core UN human rights treaties that guarantee the right to nationality, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Elimination of All Forms of Racial Discrimination, and Convention on the Rights of Persons with Disabilities. These treaties recognize that everyone has the right to a nationality and prohibit states from arbitrarily depriving individuals of their nationality.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    34 views4 pages

    Nationality

    Uploaded by

    rakhmonovmuhammadali47
    The document summarizes the core UN human rights treaties that guarantee the right to nationality, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Elimination of All Forms of Racial Discrimination, and Convention on the Rights of Persons with Disabilities. These treaties recognize that everyone has the right to a nationality and prohibit states from arbitrarily depriving individuals of their nationality.

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    © All Rights Reserved
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    Core UN human rights treaties which guarantee the right to

    nationality in one form or another

    The Universal Declaration of Human Rights (Article 15)

    Article 15

    1. Everyone has the right to a nationality;


    2. No one shall be arbitrarily deprived of his nationality nor denied
    the right to change his nationality.

    Advisory Opinion on the Proposed Amendments to the Naturalization


    Provisions of the Constitution of Costa Rica [34]

    ‘The right of every human being to a nationality has been recognized as


    such by international law’. (customary nature)

    The African Commission on Human and People’s Rights affirmed in


    the case of Anudo v. Tanzania that the UDHR, including, namely,
    Article 15, forms part of customary international law.

    The International Covenant on Civil and Political Rights


    (Article 24(3))

    “Every child has the right to acquire a nationality”

    Denny Zhao v. the Netherlands [2020]

    The HRC noted in its communication on the case that the impossibility
    to change his registration status and to be recognized as stateless or
    acquire nationality prevented Denny Zhao from effectively enjoying his
    right to acquire a nationality, amounting to a violation of Article 24(3).
    Rajan and Rajan v. New Zealand [1998]

    In this case, the HRC was able to leave the question of whether the
    revocation of citizenship violates Article 24(3) if it results in a child
    becoming stateless unanswered.

    Convention on the Right of the Child (Article 7 and 8)


    Article 7

    1. The child shall be registered immediately after birth and shall


    have the right from birth to a name, the right to acquire a
    nationality and as far as possible, the right to know and be cared
    for by his or her parents.
    2. States Parties shall ensure the implementation of these rights in
    accordance with their national law and their obligations under
    the relevant international instruments in this field, in particular
    where the child would otherwise be stateless. ‘

    Article 8

    1. States Parties undertake to respect the right of the child to


    preserve his or her identity, including nationality, name and
    family relations as recognized by law without unlawful
    interference.
    2. Where a child is illegally deprived of some or all of the elements
    of his or her identity, States Parties shall provide appropriate
    assistance and protection, with a view to re-establish his or her
    identity.

    A.M. (on behalf of M.K.A.H.) v. Switzerland (2021)


    In this decision, the Committee on the Rights of the Child held that
    States cannot deport a child if their nationality is not established.

    Convention on the Protection of the Rights of All Migrant


    Workers and Members of their Families (Article 29)

    Article 29

    Each Child of a migrant worker shall have the right to a name, to


    registration of birth and to a nationality

    The Committee on the Protection of the Rights of All Migrant Workers


    and Members of Their Families

    “take all appropriate measures to ensure that children are not deprived
    of a nationality”.

    Convention on the Elimination of All Forms of


    Discrimination against Women (Article 9)

    Article 9

    1. States Parties shall grant women equal with men to acquire,


    change or retain their nationality. They shall ensure in particular
    neither marriage to an alien nor change of nationality by the
    husband during marriage shall automatically change the
    nationality of the wife, render her stateless or force upon her the
    nationality of the husband.
    2. States Parties shall grant women equal rights with men with
    respect to the nationality of their children.
    Convention on the Elimination of All Forms of Racial
    Discrimination (Article 5) (d) (iii)

    Article 5 (d) (iii)

    (d) civil rights, in particular:

    (iii) The right to nationality

    Convention on the Rights of Persons with Disabilities


    (Article 18)

    Article 18

    States Parties shall recognize the rights of persons with disabilities to


    liberty of movement, to freedom of to choose their residence and to a
    nationality, on an equal basis with others, including by ensuring that
    persons with disabilities:

    Have the right to acquire and change a nationality and are not
    deprived of their nationality arbitrarily or on the basis of their
    disability;

    Are not deprived, on the basis of nationality, of their ability to


    obtain, possess and utilise documentation of their nationality or other
    documentation of identification, [...].

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