Article 15: Right to a nationality
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Definitions of the right to a nationality
The right to a nationality is enshrined in Article 15 of the Universal Declaration of Human Rights.
The right is enshrined in Article 24 of the International Covenant on Civil and Political Rights:
1. Every child shall have,
without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such measures of
protection as are required by his status as a minor, on the part of his family,
society and the State.
2. Every child shall be registered immediately after birth and shall have a
name.
3. Every child has the right to acquire a nationality.
In its General Comments No 17 of 1989, the Human Rights Committee comments on the rights of the child: http://www2.ohchr.org/english/bodies/hrc/comments.htm.
It is contained in Articles 7 and 8 in the Convention on the Rights of the Child:
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-establishing speedily his or her identity.
It is also contained in Article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families:
Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality.
It is also contained in Article 6 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:
1. Upon being satisfied, after
an examination of information available to it, that the circumstances so
warrant, any State Party in whose territory a person alleged to have committed
any offence referred to in article 4 is present shall take him into custody or
take other legal measures to ensure his presence. The custody and other legal
measures shall be as provided in the law of that State but may be continued
only for such time as is necessary to enable any criminal or extradition
proceedings to be instituted.
2. Such State shall immediately make a preliminary inquiry into the facts.
3. Any person in custody pursuant to paragraph 1 of this article shall be
assisted in communicating immediately with the nearest appropriate
representative of the State of which he is a national, or, if he is a stateless
person, with the representative of the State where he usually resides.
4. When a State, pursuant to this article, has taken a person into custody, it
shall immediately notify the States referred to in article 5, paragraph 1, of
the fact that such person is in custody and of the circumstances which warrant
his detention. The State which makes the preliminary inquiry contemplated in
paragraph 2 of this article shall promptly report its findings to the said
States and shall indicate whether it intends to exercise jurisdiction.