256. In this regard, the Court considers that the determination of its nationals continues
to be subject to the internal jurisdiction of the States. Nevertheless, this State attribute
must be exercised in conformity with the parameters that emanate from binding norms of
international law which States, in the exercise of their sovereignty, have undertaken to
abide by. Thus, in accordance with the current trend of international human rights law,
when regulating the granting of nationality, States must take into account: (a) their
obligation to prevent, to avoid and to reduce statelessness, and (b) their obligation to
provide each individual with the equal and effective protection of the law without
discrimination. 289
257. Regarding its obligation to prevent, avoid and reduce statelessness, States have the
obligation not to adopt practices or laws on the granting of nationality whose application
contributes to increasing the number of stateless persons. Statelessness makes it
impossible for individuals to enjoy their civil and political rights, and places them in a
situation of extreme vulnerability. 290
C.1.1. Nationality and the obligation to prevent, avoid and reduce statelessness
258. Regarding the moment at which the State’s obligation to respect the right to
nationality and to prevent statelessness can be required, pursuant to the relevant
international law, this is at the time of an individual’s birth. Thus, the International
Covenant on Civil and Political Rights 291 establishes that children automatically acquire the
nationality of the State in whose territory they are born if, to the contrary, they would be
stateless. In this regard, the Human Rights Committee indicated, in relation to Article 24
of the Covenant (rights of the child), 292 that “[S]tates are required to adopt every
appropriate measure, both internally and in cooperation with other States, to ensure that
every child has a nationality when he is born.” 293 Moreover, Article 7 of the Convention on
the Rights of the Child 294 stipulates that:
1. The child shall be registered immediately after birth and shall have the right from birth to a
name, the right to acquire a nationality […]
2. States Parties shall ensure the implementation of these rights in accordance with their national
law and their obligations under the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
259. Article 20(2) of the American Convention indicates that “every person has the right
to the nationality of the State in whose territory he was born if he does not have the right
289
Case of the Yean and Bosico Girls v. Dominican Republic, para. 140.
290
Case of the Yean and Bosico Girls v. Dominican Republic, para. 142.
291
In force since March 23, 1976. Ratified by the Dominican Republic on January 4, 1978.
292
Article 24 establishes: 1. Every child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth, the right to such measures of protection as are
required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be
registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality.
293
Genera Comment 17, Article 24 International Covenant on Civil and Political Rights, para. 8. This was also
the interpretation followed by the African Committee of Experts on the Rights and Welfare of the Child, Institute
for Human Rights and Development in Africa (IHRDA) and Open Society Justice Initiative on Behalf of Children of
Nubian Descent in Kenya v. Kenya, of March 22, 2011, para. 42: “a purposive reading and interpretation of the
relevant provision strongly suggests that, as much as possible, children should have a nationality beginning from
birth.” In addition, Article 6(4) of the African Charter on the Rights and Welfare of the Child establishes that:
“States Parties to the present Charter shall undertake to ensure that their constitutional legislation recognize the
principles according to which a child shall acquire the nationality of the State in the territory of which he has been
born if, at the time of the child's birth, he is not granted nationality by any other State in accordance with its
laws.”
294
In force since September 2, 1990. Ratified by the Dominican Republic on June 11, 1991.
84
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