11. Views Adopted by the UN Human Rights Committee Under Article 5(4) of the Optional Protocol, concerning Communication No 2918/2016
- Author:
- Rodolfo Ribeiro Coutinho Marques
- Publication Date:
- 07-2022
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- InDecember 2021, the UN Human Rights Committee(‘HRC’)published its views in a ground-breaking case (Communication No2918/2016),1finding that the Netherlands had violated a child’s right to a nationality by registeringthem as having‘unknown nationality’in theircivil records. The HRCreasoned that, in so doing, the Netherlands hinderedthe child’s access to international protection as a stateless child.This was the first time that the HRChas ruled on the right of a child to acquire a nationality under art 24(3) of the International Covenant on Civil and Political Rights(‘ICCPR’).FACTSThe case revolved arounda petition by DZ, a child born in Utrecht in 2010 to a Chinese mother. In 2004, she was trafficked to the Netherlands as a minorbut managed to escape her traffickers at the Schiphol Airport in Amsterdam. She then applied for asylum, but her application was unsuccessful. In 2006, DZ’s mother was forced into prostitution. Two years later, she broke out of her captivity and reported the situation to the police, which gave her the right to a temporary status while the investigation was undergoing. After an unsuccessful, year-long investigation, her temporary residence permit was revoked, and her status changed to ‘illegal alien [sic]’.Moreover, DZ’s biological father, who did not recognise paternity, was not in contact with themor with DZ’s mother.*Teaching Assistant and PhD Candidatein International Law at the Graduate Institute of International and Development Studies.I would liketo thank Dr Katia Bianchini and Professor Laura van Waas for theirinsightful feedback and comments. The usual caveats apply. An earlier version of this case note was published on EJIL:Talk! as a blog post.1Human Rights Committee, Views Adopted by the Committee under Article 5(4) of the Optional Protocol,Concerning Communication No2918/2016, UN Doc CCPR/C/130/D/2918/2016(20 January 2021) (‘Communication No 2918/2016’).
- Topic:
- Human Rights, International Cooperation, United Nations, and Nationality
- Political Geography:
- Global Focus