Ziemele, I.'s A Commentary on the United Nations Convention on the Rights PDF

By Ziemele, I.

ISBN-10: 9004148639

ISBN-13: 9789004148635

ISBN-10: 9047421094

ISBN-13: 9789047421092

This quantity constitutes a observation on Article 7 of the United international locations conference at the Rights of the kid. it's a part of the sequence, "A observation at the United countries conference at the Rights of the Child", which gives a piece of writing via article research of all noticeable, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with comparable human rights provisions is made, through an in-depth exploration of the character and scope of nation duties deriving from that article. The sequence constitutes a necessary device for actors within the box of kid's rights, together with lecturers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is backed through the Belgian Federal technology coverage workplace.

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Additional resources for A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents (v. 7)

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77 CRC Committee, Concluding Observations: Jordan (UN Doc. 21, 1994), para. 11; L. c. (note 62), p. 241. 78 CRC Committee, Concluding Observations: Lebanon (UN Doc. 54, 1996), para 15. 79 CRC Committee, Concluding Observations: Libya (UN Doc. 84, 1998), para. 18. SCOPE OF ARTICLE 7 25 under consideration. It also states that to the extent that there are applicable international obligations, domestic procedures have to comply with these obligations. The granting of nationality to children is not a matter that falls exclusively within the domestic affairs of States.

The Court supported its argument by referring to the judgment of the ICJ in Nottebohm. c. (note 41), p. 168. 20 CHAPTER TWO be questioned whether preferential treatment is reasonable when it distinguishes between groups on ethnic or linguistic grounds, thus introducing an element of inequality. It has to be admitted that the question of the applicability of equality considerations in granting nationality has only recently been brought up but not resolved in the international law debate. 39. It is even more of a question whether children should be subject to these various requirements, as the case may be, in domestic nationality laws when they, in principle, have the right to acquire a nationality.

In any event, domestic laws and procedures as well as inter-state agreements should design such a system that permits to respect the interest of the child above all to be cared by its parents. 91 It is true that this implies considerable financial burden on the State. CRC Committee, Concluding Observations: Kazakhstan (UN Doc. 213, 2003, paras. 45–46. 89 The European Court of Human Rights when weighing interests of the anonymity of the mother who abandoned her child and that of a child to know the name of her mother decided in favour of the rights of the mother.

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A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents (v. 7) by Ziemele, I.


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