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Begin New Search Topic Children Publishing Institution Peter McMullin Centre on Statelessness, Melbourne Law School

1. Children at Risk of Statelessness in the Fight against Terrorism

Author:
Lavina Spieb and Louise Pyne-Jones
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.
Topic:
Terrorism, Children, Citizenship, and Child Soldiers
Political Geography:
Global Focus

2. Protecting Minorities from De Facto Statelessness: Birthright Citizenship in the United States

Author:
Michael Sullivan
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Birthright citizenship is the subject of intense political debate in the United States because of its connection to the debate over unauthorised immigration and the inclusion of national minorities. Similar debates have taken place in other common law countries, leading to the restriction of jus soli birthright citizenship in the United Kingdom, Australia, New Zealand and Ireland. The Supreme Court of the United States and United States Department of State’s interpretation of the Citizenship Clause in § 1 of the Fourteenth Amendment ensures that all ‘persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States’, including the children of unauthorised immigrants. This article argues that the rule of jus soli birthright citizenship in the United States is rooted in an older understanding of the birthright of native-born British subjects, and later, American citizens, to enjoy the birthright of protections and an ever-expanding set of rights based on where they were born, regardless of the status of their parents. Stated in a way that included the children of slaves and immigrants as citizens based on their birthplace alone, jus soli birthright citizenship in the United States remains a powerful tool of inclusion for marginalised minority groups.
Topic:
Minorities, Children, Citizenship, and Birthright Citizenship
Political Geography:
North America and United States of America

3. Beyond Statelessness: 'Unchilding' and the Health of Palestinian Children in Jerusalem

Author:
Osama Tanous, Bram Wispelwey, and Rania Muhareb
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Understanding the key determinants of health of Palestinian children in occupied East Jerusalem is enhanced by analyzing Jerusalem as a settler colonial frontier. Structural racism, prolonged occupation, and settler colonialism shape the social and political determinants of health in Jerusalem, generating ill health and insecurity for Palestinian children who are rendered stateless in their own city. They are “unchilded” and, in fact, treated like enemies of the settler state. Colonial violence penetrates their family stability, homes, classrooms, and targets their bodies and health. In providing a thorough analysis of the lived experience of indigenous Palestinian children in Jerusalem, a broadened understanding of the effects of statelessness on their health can begin to take shape.
Topic:
Health, Territorial Disputes, Children, Citizenship, Displacement, and Stateless Population
Political Geography:
Middle East, Israel, and Palestine

4. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Author:
William Thomas Worster
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
Topic:
International Law, Law, Children, Citizenship, and Nationality
Political Geography:
Global Focus

5. Undocumented Children in Iran

Author:
Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:
Law, Children, Stateless Population, and Undocumented Population
Political Geography:
Iran and Middle East

6. Statelessness and Young Children

Author:
Aisha K Yousafzai, Joan Lombardi, Erum Mariam, Tina Hyder, and Zarlasht Halaimzai
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
All children deserve to be born with a nationality and identity that protects their rights. Unfortunately, at least 70,000 childrenwho areborn in the 20 major reported non-refugee stateless situations are unable to acquire any nationalityeach year.1These numbers mask the reality that many more children are impacted by conditions that render them effectively stateless(ie, individuals who have a legal nationality, a stateto whichthey can turn, but no documentation of birth)—a term this commentaryhas adopted.2Statelessnessin these contextsstemsfrom a range of conditions including, among others, alack of birth registration, displacement from place of birth or the denial ofthe right to a national identitywheretheparents have a different nationalityfrom the place of birth. The number of young children affected by these, and related,conditions is alarming. For example, the United Nations Children’s Fund (‘UNICEF’) reports that one out of four children who are less than five years of age ‘donot officially exist’ because their births have never been officially recorded
Topic:
United Nations, Children, Displacement, Identity, and Stateless Population
Political Geography:
Global Focus

7. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765

Author:
Eric Fripp
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
Topic:
Law, Children, Citizenship, Courts, and Stateless Population
Political Geography:
United Kingdom and Europe

8. The South African Constitutional Court Decides Against Statelessness and in Favour of Children

Author:
Mihloti Basil Sherinda and Jonathan Klaaren
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Shrinking citizenship is of great concern for those facing the prospect of reduction in citizenship statuses,not from two to one but from some to none—ieto the status of statelessness. Research in South Africa has only recently begun to pay increased attention to the problem of childhood statelessness, itself only seeing sustained interest at the global level for just over a decade.39The DHA does not keep official statistics on statelessness, not mentioning the topic in its annual reports through 2015.40In 2017, one of the leading NGOs addressing the issue provided legal assistance to 92 children (half born in South Africa) with problems of statelessness or at risk of statelessness.41Following a wider human rights definition,rather than the narrower UNHCR approach, South African legislation is mostly in line with international legal standards on the prevention and reduction of statelessness, including for children.42However, the implementation of those laws leaves much to be desired due to the DHA’s tendency to support restrictive interpretations of the provisions in its regulations and policies.43Chisuseclarifies the principle of the statutory interpretive presumption against retrospectivity and its application to legislation in a complex regulatory framework,which could also beinterpreted to extinguish existing citizenship rights. When read in its fullness, the historical approach adopted by the Constitutional Court led to a persuasive decision, handing success to public interest litigants acting on behalf of those faced with adegree of statelessness. Especially when seen in the context of a shrinking bureaucratic regard for citizenship applicants, the Constitutional Court continues to place itself at the centre of the rights-regarding movement within South African citizenship law.44The decision confirms the trend in childhood statelessness cases wherein the lower courts have found against the DHA,45including that of a child born to two Cuban parents where Cuba refused to extend citizenship to the child (instructing the DHA toissue citizenship to the child); a child born to refugees and reaching the age of 18(holding that the DHA’s delay in formulating guidelines for applications was not a sufficient basis to deny children the opportunity for naturalisation); and children with an unmarried South African father and a foreign national mother (ruling that the children should be properly registered so that they could access South African citizenship)
Topic:
Children, Citizenship, Courts, and Stateless Population
Political Geography:
Africa and South Africa