The Obligation to Grant Nationality to Stateless Children Under Customary International Law

Worster, William Thomas

doi:10.2139/ssrn.3073653

Cited by 3 publications

(2 citation statements)

References 190 publications

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“…143 The right to a nationality itself is not controversial but it is difficult to identify which states have the correlating responsibility to grant nationality to an individual. 144 Moreover, the right to a nationality primarily serves to avoid statelessness, not to protect a specific nationality. Hence, in the case of dual citizens, neither art 15 of the UDHR nor any of the other international human rights instruments recognising the right to a nationality provide protection against citizenship revoking.…”

Section: Right To Nationality and Prohibition Of Statelessnessmentioning

confidence: 99%

Children at Risk of Statelessness in the Fight against Terrorism

Spieß

Pyne-Jones

2022

SCR

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The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.

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Section: Right To Nationality and Prohibition Of Statelessnessmentioning

confidence: 99%

Children at Risk of Statelessness in the Fight against Terrorism

Spieß

Pyne-Jones

2022

SCR

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“…Although the exact number of stateless people in each country is not recorded, Thailand is roughly ranked as the fourth country with many stateless people while Malaysia is ranked 16 th (Worster, 2019). However, Thailand undertakes to consider further changes to Thailand's Nationality Act and include better access to birth registration and person documentation facilities, including late birth registration, to expand on Thailand's success in reducing stateless vulnerability (United Nations High Commissioner of Refugees, 2013).…”

Section: The Position In Thailandmentioning

confidence: 99%