Ninguno

Nationality, Statelessness and Human Rights

Mid-term: Legal Analysis



The mid-term assignment for the course ‘Nationality, Statelessness and Human Rights’ is a legal analysis exercise. You are asked to assess how well a particular country has implemented international norms relating to nationality and statelessness in its own nationality law. The assignment consists of two parts: 1)completing a legal analysis template; and 2) writing a comment piece which summarises your analysis of the law.


Part 1: Legal analysis template

The following template has been prepared for you to help you with the analysis of the nationality law you have been asked to evaluate. Read the table headings carefully, then fill in the requested information in each of the right-hand columns of thetables. Try to keep your answers concise, i.e. only citing and summarising the most relevant part of the country’s nationality law.


1. Acquisition of nationality by child born in the country, if otherwise stateless

|Relevant international norm(s) |1961 convention on the reduction of statelessness (article 1.1 of the convention) |
||1954 Convention relating to the Status of Stateless Persons |
| |1989 Convention on the Rights of the Child |
|Relevant international norm(s) applicable in country |Burma is not a signatory of neither convention relatingto stateless persons, however, |
| |it is a signatory of the Convention on the Rights of the Child |
| |Article 7 of the convention on the rights of the child would be applicable: 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 and. as far as possible, the right to know and |
| |be cared for by his or her parents. 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.|
| |And article 8.1 of the same convention: States Parties undertake to respect the right of|
| |the child to preserve his or her identity, including nationality, name and family |
||relations as recognized by law without unlawful interference |
|Relevant article in domestic law (reference) |Article 7 (a person born in or out of the country can be a citizen if the parents are |
| |citizens as well), Article 15 a & b, article 43|
|Relevant text from article in domestic law (original |Article 7: The following persons born in or outside the State are also citizens: |
|wording) |(a) persons born of parents, both of whom are citizens; |
| |(b)...