Right to a name and nationality
Rights and Freedoms
Back to rights and freedoms: right by right
ICCPR Article 24 states:
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- Every child shall be registered immediately after birth and shall have a name.
- Every child has the right to acquire a nationality.
Rights in this area are also recognised in the Convention on the Elimination of All Forms of Racial Discrimination (CERD) , the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ,the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD).
CRC Article 8 guarantees the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference.
CEDAW Article 9 guarantees women equal rights with men to acquire, change or retain their nationality and equal rights with men with respect to the nationality of their children.
CRPD Article 18 guarantees the right of persons with disabilities to acquire and change a nationality and not to be deprived of their nationality arbitrarily or on the basis of disability. It also provides that children with disabilities must be registered after birth and must have the right to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents.
CERD Article 5 includes the right to nationality in the rights regarding which racial discrimination is prohibited.
General Comments
- Human Rights Committee General Comment 17: Rights of the Child (see paragraphs 7, 8)
- Committee on the Rights of the Child General Comment 7 (PDF) (see paragraph 25)
More information
See Attorney-General's Department Guidance Sheet for discussion and further links