Sudanese father is made on the basis of the parent's national origin which is
listed as one of the prohibited grounds of discrimination under Article 3 of the
Children's Charter. Article 3 of the African Children's Charter prohibits
discrimination on the expressly provided grounds, including on the basis of the
status of the child's parents.
53.Hence, the Committee concludes that the Republic of the Sudan has violated its
obligation under article 3 of the African Children's Charter, by introducing a
legislation which arbitrarily deprives children of South Sudanese origin their
Sudanese nationality on the basis of the national origin of their parents. The
Respondent State, due to its discriminatory law, has violated Ms !man's right not
to be discriminated on the ground of the country of origin of her father and as a
result has arbitrarily deprived her Sudanese Nationality which otherwise she
would have been entitled to.
II.
Alleged violation of Article 6(3) & (4) as it relates to the right to acquire a
nationality & prevention of statelessness
54.As stated above, the Committee recognises that the right to nationality of the
child plays a central importance for the recognition and respect for other rights of
the child. In duly recognising the importance of the right to nationality of the
child, the African Children's Charter, under article 6, expressly protects the right
to acquire nationality of the child. Specifically, article 6(3) of the Charter provides
that 'Every child has the right to acquire a nationality.' Therefore, it is
unquestionable that State Parties to the Charter are obliged to respect the right
to acquire nationality of children who are born and live in their jurisdiction. The
Committee also recognises article 7 of the UNCRC and article 24 (3) of the
ICCPR which unequivocally ensure every child's right to acquire a nationality.
55.The Committee believes that questions such as, 'when does the right to acquire
a nationality of the child has to be implemented'; 'which nationality a child may
have a right to?', 'which State has the obligation to grant it?' should be
elaborated to address the matter at hand. Hence the Committee would like to
elaborate on the issues by making reference to and drawing inspiration from
other norms, jurisprudence and soft laws.
56.Looking at the rights guaranteed under the Children's Charter, it is obvious that
the Charter contains a group of rights that are enjoyed by the child from the time
of his/her birth and other group of rights that are not necessarily exercised or
enjoyed by the child from the time of his/her birth as a matter of practicality.
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