The Obligation to Grant Nationality to Stateless Children Under Treaty Law
Through a multi-layered, overlapping collection of international and regional treaties, one solution for child statelessness is emerging: the obligation of the birth state to grant nationality to otherwise stateless children. The 1961 Statelessness Convention imposes this obligation partly, but has...
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doaj-114b3ff7332e4a8ba42e550783e46fcf2020-11-25T01:10:23ZengUbiquity PressTilburg Law Review2211-25452019-07-0124220421610.5334/tilr.154156The Obligation to Grant Nationality to Stateless Children Under Treaty LawWilliam Thomas Worster0Senior Lecturer, International Law, The Hague University of Applied Sciences, The Hague, The Netherlands; Ph.D. candidate in International Law, University of Amsterdam, Amsterdam, NL; LL.M. (Adv.) in Public International Law, cum laude, Leiden University, Leiden, NL; J.D., Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IllinoisThrough a multi-layered, overlapping collection of international and regional treaties, one solution for child statelessness is emerging: the obligation of the birth state to grant nationality to otherwise stateless children. The 1961 Statelessness Convention imposes this obligation partly, but has limited adherence. The International Covenent on Civil and Political Rights provides for a right to a nationality, but does not expressly identify which state is responsible. In addition, treaties in Europe and Africa only cover the right implicitly and partially, though treaties in the Americas cover the right expressly. The interpetation of these disparate treaty obligations is now coalescing into an coherent obligation. In combination with the obligation to take all decisions in a child’s best interests under the Convention on the Rights of the Child, we can now identify the birth state as the state responsible for ensuring that every child is born with a nationality.https://tilburglawreview.com/articles/154StatelessnessDe JureTreatyRight to a NationalityBest Interests |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
William Thomas Worster |
spellingShingle |
William Thomas Worster The Obligation to Grant Nationality to Stateless Children Under Treaty Law Tilburg Law Review Statelessness De Jure Treaty Right to a Nationality Best Interests |
author_facet |
William Thomas Worster |
author_sort |
William Thomas Worster |
title |
The Obligation to Grant Nationality to Stateless Children Under Treaty Law |
title_short |
The Obligation to Grant Nationality to Stateless Children Under Treaty Law |
title_full |
The Obligation to Grant Nationality to Stateless Children Under Treaty Law |
title_fullStr |
The Obligation to Grant Nationality to Stateless Children Under Treaty Law |
title_full_unstemmed |
The Obligation to Grant Nationality to Stateless Children Under Treaty Law |
title_sort |
obligation to grant nationality to stateless children under treaty law |
publisher |
Ubiquity Press |
series |
Tilburg Law Review |
issn |
2211-2545 |
publishDate |
2019-07-01 |
description |
Through a multi-layered, overlapping collection of international and regional treaties, one solution for child statelessness is emerging: the obligation of the birth state to grant nationality to otherwise stateless children. The 1961 Statelessness Convention imposes this obligation partly, but has limited adherence. The International Covenent on Civil and Political Rights provides for a right to a nationality, but does not expressly identify which state is responsible. In addition, treaties in Europe and Africa only cover the right implicitly and partially, though treaties in the Americas cover the right expressly. The interpetation of these disparate treaty obligations is now coalescing into an coherent obligation. In combination with the obligation to take all decisions in a child’s best interests under the Convention on the Rights of the Child, we can now identify the birth state as the state responsible for ensuring that every child is born with a nationality. |
topic |
Statelessness De Jure Treaty Right to a Nationality Best Interests |
url |
https://tilburglawreview.com/articles/154 |
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