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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