Ten-Point Checklist for identifying issues relating to the child’s right to a nationality
This section of the Toolkit contains a 10-point Checklist which serves as a tool to guide civil society stakeholders in the assessment of issues, legal gaps, and conditions in which statelessness may arise and manifest in countries under review, in order to determine if and how they would engage with the CRC process. This Checklist will also help organisations determine what the focus and content of their submissions should be. For each of the issues on the Checklist, a brief description, guiding questions and some examples of relevant recommendations issued by the Committee.
1. Is there a large habitually resident stateless population in the country?
2. Does the country host to a large refugee or irregular migrant population that is stateless or at risk of statelessness?
3. Does the state maintain systematic and disaggregated data on children’s acquisition of nationality, birth registration, statelessness and as relevant, the questions highlighted above?
4. Does the country’s legal framework contain discriminatory provisions which arbitrarily deprive nationality or deny access to nationality?
5. Does the country’s legal framework have adequate safeguards to protect all children born in the territory (including foundlings) from statelessness?
6. Are there other legal gaps affecting children’s access to nationality?
7. Is the State party to the most relevant treaties and has it removed any reservations that it made to these treaties?
8. Is there universal birth registration, which is free and accessible for all?
9. Is there access to justice and a right to a remedy?
10. Do stateless children in the country benefit from the protection and enjoyment of other human rights enshrined in the CRC?