The acquisition of citizenship by the children of non-citizens
Does intl human rights law limit the sovereignty of States to decide which children acquire their citizenship by birth?
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Despite the recent emphasis in the UN system on determining and emphasising the rights of non- citizens, children born without effective citizenship rarely have the same life prospects as citizen children. This paper explores the implications for the children of non-citizens of the limitations that have developed in international law on States' sovereignty in the area of citizenship. It concludes that, although States still retain the right to determine how their citizenship is transmitted, certain international human rights law treaties and recent jurisprudence limit States' discretion in thi...
Despite the recent emphasis in the UN system on determining and emphasising the rights of non- citizens, children born without effective citizenship rarely have the same life prospects as citizen children. This paper explores the implications for the children of non-citizens of the limitations that have developed in international law on States' sovereignty in the area of citizenship. It concludes that, although States still retain the right to determine how their citizenship is transmitted, certain international human rights law treaties and recent jurisprudence limit States' discretion in this area, prohibiting direct and indirect discrimination and prohibiting the creation of statelessness.
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