CMW/C/GC/4-CRC/C/GC/23
late registration. Children who have not been registered should be ensured equal access to
health care, protection, education and other social services.
22.
Should a child’s identity documents have been procured irregularly on his or her
behalf and the child requests the restoration of his or her identity documents, States parties
are encouraged to adopt flexible measures in the best interests of the child, specifically by
issuing corrected documents and avoiding prosecution where falsification has been
committed.
2.
Right to a nationality and safeguards against statelessness
23.
Article 7 of the Convention on the Rights of the Child places emphasis on the
prevention of statelessness by specifying that States parties shall ensure the implementation
of the rights of a child to be registered, to a name, to acquire a nationality and to know and
be cared for by his or her parents. The same right is enshrined for all children of migrant
workers in article 29 of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
24.
While States are not obliged to grant their nationality to every child born in their
territory, they are required to adopt every appropriate measure, both internally and in
cooperation with other States, to ensure that every child has a nationality when he or she is
born. A key measure is the conferral of nationality to a child born on the territory of the
State, at birth or as early as possible after birth, if the child would otherwise be stateless.
25.
Nationality laws that discriminate with regard to the transmission or acquisition of
nationality on the basis of prohibited grounds, including in relation to the child and/or his or
her parents’ race, ethnicity, religion, gender, disability and migration status, should be
repealed. Furthermore, all nationality laws should be implemented in a non-discriminatory
manner, including with regard to residence status in relation to the length of residency
requirements, to ensure that every child’s right to a nationality is respected, protected and
fulfilled.
26.
States should strengthen measures to grant nationality to children born in their
territory in situations where they would otherwise be stateless. When the law of a mother’s
country of nationality does not recognize a woman’s right to confer nationality on her
children and/or spouse, children may face the risk of statelessness. Likewise, where
nationality laws do not guarantee women’s autonomous right to acquire, change or retain
their nationality in marriage, girls in the situation of international migration who married
under the age of 18 years may face the risk of being stateless, or be confined in abusive
marriages out of fear of being stateless. States should take immediate steps to reform
nationality laws that discriminate against women by granting equal rights to men and
women to confer nationality on their children and spouses and regarding the acquisition,
change or retention of their nationality.
E.
Family life (articles 14, 17 and 44 of the International Convention on
the Protection of the Rights of All Migrant Workers and Members of
Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the
Convention on the Rights of the Child)
27.
The right to protection of family life is recognized in international and regional
human rights instruments, including the Convention on the Rights of the Child and the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. Therefore, this right should be fully respected, protected and
fulfilled in relation to every child without any kind of discrimination, regardless of their
residency or nationality status. States should comply with their international legal
obligations in terms of maintaining family unity, including siblings, and preventing
separation, which should be a primary focus, in accordance with the Guidelines for the
Alternative Care of Children. Protection of the right to a family environment frequently
requires that States not only refrain from actions which could result in family separation or
other arbitrary interference in the right to family life, but also take positive measures to
maintain the family unit, including the reunion of separated family members. The
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