Children Right to Nationality: National Law versus Human Rights Law
The Universal Declaration of Human Rights (UDHR) had guaranteed the right to nationality to every person. Para 1 of Article 15 of UDHR provides that everyone has the right to a nationality and para 2 further states that no one shall be arbitrarily deprived of his nationality nor denied the right...
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| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2017
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1100/1/FH03-FUHA-18-12647.pdf http://eprints.unisza.edu.my/1100/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English |
| Summary: | The Universal Declaration of Human Rights (UDHR) had guaranteed the right to nationality
to every person. Para 1 of Article 15 of UDHR provides that everyone has the right to a
nationality and para 2 further states that no one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality. Deprivation of nationality is a very serious
denial of human rights committed by a state against it subjects. This problem will not vanish
by itself and the law that are exist today, are insufficient to curb with the matters caused by,
mainly, the sovereignty of national law in deciding nationality. Therefore, it is a need to
review the current law on the matter, and, perhaps, to have a new law(s) governing the matter
so that the problem of statelessness among the children could be reduced or eliminated. This
paper will expressed this matter using traditional legal method that mainly based on the
library search. The data will be gathered from the legal documents such as international
conventions, statutes, reported cases, legal journals, articles and relevant text books. By
examining the relevant laws and provisions, this paper will discuss the conflict of law
between municipal and international law concerning the rights of a child to acquire nationality.
It also will analyse the types and grounds of discrimination in getting nationality such as race
and religion and the rights of a child of a successor state to acquire a nationality of a newly
established state. Lastly, this paper will propose relevant legal measures to protect the children
from any elements of the discrimination of nationality and available remedies in case of denial
of it. |
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