By Ziemele, I.
This quantity constitutes a statement on Article 7 of the United international locations conference at the Rights of the kid. it really is a part of the sequence, "A remark at the United international locations conference at the Rights of the Child", which supplies an editorial through article research of all great, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, via an in-depth exploration of the character and scope of country duties deriving from that article. The sequence constitutes a vital device 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 through the Belgian Federal technology coverage place of work.
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Additional 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)
196, 2003), para. 29. 72 CRC Committee, Concluding Observations: Cyprus (UN Doc. 205, 2003), para. 53. c. 3 (note 55). 73 Ibid. 66 67 SCOPE OF ARTICLE 7 23 the fact that there is a State which has noted the person concerned. The person is recognised by the law, but the particular status should not bring with it discrimination or other difficulties in the enjoyment of the minimum human rights. Illegal residence, however, would render the rights in Article 7 completely non-existent and is thus irreconcilable with the aim and purpose of the Article and the CRC as such.
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. Article 1(3) of the CERD speaks about both citizenship and nationality, while Article 5 provides for the right to a nationality. Considering the variety of terms, it seems that the drafters were aware of the differences in domestic laws in relation to different categories of nationals or citizens.
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. 81 For example, there was a uniform pressure on the two Baltic States of Estonia and Latvia to amend their citizenship laws in order to allow children born in their territories in families of Soviet time settlers to acquire respective citizenship.
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) by Ziemele, I.