cover image: Briefing on the right to a nationality of children born to Palestinian parents in Belgium

20.500.12592/1jwt0qs

Briefing on the right to a nationality of children born to Palestinian parents in Belgium

21 Feb 2024

Belgium’s obligations under international law The right to a nationality is a right that is ‘essential for the protection of every child’.1 As a signatory to the Convention on the Rights of the Child (CRC), Belgium must implement Article 7 to provide for the right of every child to be registered immediately after birth and to acquire a nationality, as well as Article 8 to respect the right of the. [...] Article 10 also states that a child to whom Belgian nationality has been granted by virtue of this article retains that nationality as long as it has not been established, before they 1 UNHCR (2018) Ensuring the right of all children to acquire a nationality: Connecting the Dots between the Convention on the Rights of the Child and the Convention on the Reduction of Statelessness: < . [...] The correspondence sent by the Immigration Office appears to violate the right of every child to acquire and retain a nationality under Article 7 CRC8 and to act with the best interests of the child as a primary consideration (Article 3 CRC,9 and Article 24(2) of the EU Charter of Fundamental Rights).10 It is never in the child’s best interests to be left stateless. [...] However, the forced displacement and population transfer of Palestinians initiated by the creation of Israel in 1948 (and continuing subsequently), the denial of nationality by Israel,17 the negation of Palestinians’ inalienable rights to self-determination and return,18 and the lack of Palestinian sovereignty and a Palestinian nationality law, has resulted in the de-nationalization and protracted. [...] Furthermore, given that the right to right to enter, re-enter and reside in the territory of the State of one’s own nationality is “considered as the essence of nationality as a matter of public international law”, a State’s denial of this right “could be interpreted as that State effectively denying that the individual is its national”, see Alice Edwards and Laura Van Waas (eds), Nationality and.

Authors

Layan Choufani

Pages
5
Published in
United Kingdom