By Ziemele, I.
This quantity constitutes a remark on Article 7 of the United international locations conference at the Rights of the kid. it's a part of the sequence, "A statement at the United international locations conference at the Rights of the Child", which supplies a piece of writing via article research of all important, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with similar human rights provisions is made, through an in-depth exploration of the character and scope of kingdom responsibilities deriving from that article. The sequence constitutes an important instrument for actors within the box of kid's rights, together with lecturers, scholars, judges, grassroots staff, governmental, non- governmental and foreign officials. The sequence is subsidized by way of the Belgian Federal technology coverage place of work.
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Extra info for A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents (v. 7)
79 The human rights standard under the CRC and the other international human rights instruments listed above provide a uniform answer to these instances. Children cannot be deprived of their nationality or the right to acquire nationality and be rendered stateless for reasons of the legal or social status of their parents. 48. Switzerland has made a reservation, similar to Liechtenstein, stating that the granting of a nationality will follow domestic procedures. This indeed puts into question whether Article 7 of the CRC provides for positive obligations as regards the granting of nationality.
C. (note 62), p. 241. 78 CRC Committee, Concluding Observations: Lebanon (UN Doc. 54, 1996), para 15. 79 CRC Committee, Concluding Observations: Libya (UN Doc. 84, 1998), para. 18. SCOPE OF ARTICLE 7 25 under consideration. It also states that to the extent that there are applicable international obligations, domestic procedures have to comply with these obligations. The granting of nationality to children is not a matter that falls exclusively within the domestic affairs of States. 49. Moreover, the CRC enjoys almost universal acceptance.
Even if nonnationals, in principle, should enjoy almost all human rights, including social and economic benefits where applicable, the problems may and do arise. The Human Rights Committee in its Comment No. 17 had clearly such difficulties in mind as they may affect children. 34. 53 Today it is argued that distinctions between nationals and non-nationals, if they are unreasonable or contrary to international obligations, could nevertheless be discriminatory. In General Recommendation No. 11 On Non-citizens, the CERD Committee affirmed that Article 1(2) ‘must not be interpreted to detract in any way 53 This provision also raises the question on the relationship between the terms ‘citizen’ and ‘national’, as they often appear in international texts.