Addressing Statelessness through the International Convention on the Elimination of All Forms of Racial Discrimination (‘ICERD’)

Abstract

Discrimination is one of the root causes for deprivation and denial of nationality. This work presents an analysis of the right to nationality under art 5(d)(iii) of the International Convention on the Elimination of All Forms of Racial Discrimination and the interpretation of the obligations under art 2, related to this right by its monitoring body, the Committee on the Elimination of Racial Discrimination. This reflection focuses on obligations regarding deprivation of nationality, acquisition of nationality and other obligations to facilitate and fulfil the right to nationality of the individuals living within its jurisdiction. An assessment is made on the effectiveness of the Convention and its Committee in protecting the right to nationality.