subjective right.30 The Commission is of the view that following the application of this doctrine, the disputed law itself becomes a source of violation of rights. Thus, as illustrated clearly by the Modise case, the lack of precision of a law on nationality may promote the imputation of an alternative nationality, which could be addressed within the context of violating not only the provisions of Article 5 of the Charter but also of the relevant international law. 113. It is at this turning point of practical application of the right to recognition of the legal personality that a bridge needs to be built between the provisions of the Charter and the provisions of the thematic international Conventions relating to nationality.31 Based on the provisions of Articles 60 and 61 of the Charter, the Commission notes that a judicious consideration of the case in point requires recourse to specialised international standards in view of the general nature of the recognition of the legal status laid down in Article 5 of the Charter. In the interpretation of these provisions of the Charter, the standards with much relevance and precision in this matter are indisputably the 1954 United Nations Conventions on the Status of Stateless Persons and the 1961 Convention on the Reduction of Cases of Statelessness.32 This relevance is justified by the fact that one of the most dramatic consequences of the vagueness of legislation on nationality is statelessness which is defined as the situation of a person to whom no State has granted the right of recognition of nationality for the enjoyment of a legal status. 114. Under the terms of the provisions of Article 1 of the 1954 Convention on the Status of Stateless Persons, being stateless is defined as « a person that no State considers as a citizen in the implementation of its legislation ». With regard to the Convention on the reduction of stateless persons, it enacts in Article 8(1) that « The Contracting States shall not deprive any individual of their nationality where this deprivation will make the subject stateless ». In a more precise and complementary approach, the African Charter on the Rights and Welfare of the Child compels States Parties, in Article 6(4), to « ensure that their legislations recognize the principle according to which a child enjoys the right to acquire the nationality of the State on whose territory he/she was born at the time of his/her birth, he/she cannot claim the nationality of any State in accordance with its laws ». See in general Rekvényi v. Hungary, CEDH, Decision of 20 May 1999; South African Liquor Traders Association and Others, op. cit. 31 See Articles 60 and 61 of the Charter. 32 United Nations Convention on the Status of Stateless Persons, 28 September 1954 http://www.unhcr.org/3bbb25729.html ; United Nations Convention on the Reduction of Cases of Statelessness, 30 August 1961 http://www.unhcr.org/3bbb286d8.html. 30 33

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