4.5
23.
Interdependence and indivisibility of the rights within Article 6
The Committee holds the view that the rights to a name, to birth registration
and to acquire a nationality together constitute the pillars of a person‟s identity. At
birth, acquisition of nationality under the law generally occurs automatically on the
basis of either descent or birth in the territory, or a combination of both; parentage
and place of birth may also be the basis for later acquisition of nationality as a child
or at majority. Birth registration establishes the place of birth and parental affiliation,
which in legal terms serve as proof of acquisition of the parents‟ nationality, or the
nationality of the State where the child is born. While birth registration in and of itself
does not normally confer nationality upon children, it is a key form of proof of the link
between the child and a State. It thereby serves to ensure that every child acquires a
nationality and prevents statelessness. The Committee therefore emphasizes, as
noted in the Kenyan Nubian Children Case, that “there is a strong and direct link
between birth registration and nationality”8; that is, that paragraphs (3) and (4) of
Article 6 are closely linked to paragraph (2).
A State‟s compliance with the
obligation to prevent and reduce statelessness starts from taking all necessary
measures to ensure that all children born on its territory are registered. These
include: children born out of wedlock, children born to a parent or parents who are
foreigners (including those whose parents are in an irregular immigration status, or
who are refugees or asylum seekers), children whose parents are unknown, and all
other groups at risk of non-registration. Birth registration of all children born in a
territory must be effected even where it is clear from the outset that the nationality of
the state in question will not be conferred.
24.
The Committee underlines that even where children are entitled to acquire the
nationality of a particular State pursuant to the Constitution, nationality law or related
legislation of that State, in some instances they may not be considered nationals of
that State due to lack of documentary proof of their identity, including proof of the
nationality of their parents or of their place of birth. While the obligation of States is to
8
Institute for Human Rights and Development in Africa (IHRDA) and Open Society Justice Initiative on behalf of
Children of Nubian descent in Kenya v The Government of Kenya Decision: No 002/Com/002/2009 (hereafter
Kenyan Nubian Children Case) paragraph 42.
10