99. Article 6(4) requires States parties: “to ensure that their Constitutional legislation
recognizes the principles according to which a child shall acquire the nationality of
the State in the territory of which he[/she] has been born if, at the time of the child's
birth, he [/she] is not granted nationality by any other State in accordance with its
laws.” As noted above, the importance of Article 6(4) is to go beyond a generalized
obligation on all states to reduce statelessness among children, and to create a
specific obligation for the State where a child is born. Various formulations of this
safeguard are found in a number of other international instruments and form the
bedrock of global efforts to prevent statelessness.
100. A determination of whether a child has been granted nationality of another
State at birth requires consideration of whether the child has acquired the nationality
from either of his or her parents on the basis of descent.39 This determination must
be made on the basis of an analysis of the nationality legislation and its
implementation of the parents‟ State (or States) of nationality. States may also
consult the authorities of the parents‟ country of nationality to establish whether the
child is considered a national of that country or countries. States must accept that a
child is not a national of another State if the authorities of that State indicate that he
or she is not a national. A State can refuse to recognize a person as a national either
by explicitly stating that he or she is not a national or by failing to respond to inquiries
to confirm the child is a national.40
101. When applying Article 6(4), it is necessary to examine the situation of the child.
It is not sufficient to examine whether the parents are stateless. In some instances
one or both parents may possess a nationality but cannot confer it upon their
children, for example due to discrimination against women with regard to conferral of
nationality to children or limitations on conferral of nationality to children born abroad.
Thus, the Committee of Experts notes that legal provisions for a child born in their
territory to acquire the nationality of the State if the parents are stateless do not in
themselves fulfill the requirements of Article 6(4).
39
See UNHCR, Guidelines on Statelessness No. 1: The definition of “Stateless Person” in Article 1(1) of the 1954
Convention relating to the Status of Stateless Persons, HCR/GS/12/01, 20 February 2012.
40
See UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through
37