By Ziemele, I.
This quantity constitutes a statement on Article 7 of the United international locations conference at the Rights of the kid. it truly is a part of the sequence, "A observation at the United international locations conference at the Rights of the Child", which supplies a piece of writing via article research of all important, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, by way of an in-depth exploration of the character and scope of kingdom duties deriving from that article. The sequence constitutes an important software for actors within the box of kid's rights, together with lecturers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is backed by means of the Belgian Federal technological know-how coverage workplace.
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Extra 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)
74 24 CHAPTER THREE domestic law. Each State can determine the procedures for the acquisition or loss of nationality, albeit within the limits of ‘their obligations under the relevant international instruments’ and with special attention to situations where the child ‘would otherwise be stateless’. 76 47. The CRC Committee has pointed out some specific problems that have generated statelessness of children and that are contrary to the CRC. 79 The human rights standard under the CRC and the other international human rights instruments listed above provide a uniform answer to these instances.
T]he Right to Know and Be Cared for by His or Her Parents’ 51. The questions may arise in the framework of adoption procedures where it is common, when a child is adopted, not to disclose the names of the biological parent(s). 84 52. 86 The wording of Article 7 of the CRC is not very explicit in this respect. The adoptive parents could be and normally are parents to the child. 87 This right is both part of Article 7 and Article 3 of the CRC since it is considered to be in the best interests of the child to know, as far as possible, the child’s birth parents.
33. There are two main contexts in which nationality legislation could, directly or indirectly, be linked with the non-discrimination rule. First, the provisions of such legislation could be discriminatory in themselves. They might deprive persons of nationality on discriminatory grounds or prevent persons from acquiring nationality on discriminatory grounds. Second, the lack of nationality may serve as a basis for discrimination. Even if nonnationals, in principle, should enjoy almost all human rights, including social and economic benefits where applicable, the problems may and do arise.
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.