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Children Right to Nationality: National Law versus Human Rights Law

The Universal Declaration of Human Rights (UDHR) had guaranteed the right to nationality to every person. Para 1 of Article 15 of UDHR provides that everyone has the right to a nationality and para 2 further states that no one shall be arbitrarily deprived of his nationality nor denied the right...

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Main Authors: Nur Amani, Pauzai, Khairun-Nisaa, Asari, Farhanim, Abdullah Asuhaimi
Format: Conference or Workshop Item
Language:English
Published: 2017
Subjects:
K Law (General)
KZ Law of Nations
Online Access:http://eprints.unisza.edu.my/1100/1/FH03-FUHA-18-12647.pdf
http://eprints.unisza.edu.my/1100/
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spelling my-unisza-ir.11002020-11-09T06:37:07Z http://eprints.unisza.edu.my/1100/ Children Right to Nationality: National Law versus Human Rights Law Nur Amani, Pauzai Khairun-Nisaa, Asari Farhanim, Abdullah Asuhaimi K Law (General) KZ Law of Nations The Universal Declaration of Human Rights (UDHR) had guaranteed the right to nationality to every person. Para 1 of Article 15 of UDHR provides that everyone has the right to a nationality and para 2 further states that no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Deprivation of nationality is a very serious denial of human rights committed by a state against it subjects. This problem will not vanish by itself and the law that are exist today, are insufficient to curb with the matters caused by, mainly, the sovereignty of national law in deciding nationality. Therefore, it is a need to review the current law on the matter, and, perhaps, to have a new law(s) governing the matter so that the problem of statelessness among the children could be reduced or eliminated. This paper will expressed this matter using traditional legal method that mainly based on the library search. The data will be gathered from the legal documents such as international conventions, statutes, reported cases, legal journals, articles and relevant text books. By examining the relevant laws and provisions, this paper will discuss the conflict of law between municipal and international law concerning the rights of a child to acquire nationality. It also will analyse the types and grounds of discrimination in getting nationality such as race and religion and the rights of a child of a successor state to acquire a nationality of a newly established state. Lastly, this paper will propose relevant legal measures to protect the children from any elements of the discrimination of nationality and available remedies in case of denial of it. 2017 Conference or Workshop Item NonPeerReviewed text en http://eprints.unisza.edu.my/1100/1/FH03-FUHA-18-12647.pdf Nur Amani, Pauzai and Khairun-Nisaa, Asari and Farhanim, Abdullah Asuhaimi (2017) Children Right to Nationality: National Law versus Human Rights Law. In: International Conference on Child and Humanitarian Law 2017, 10 August 2017, UNISZA.
institution Universiti Sultan Zainal Abidin
building UNISZA Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sultan Zainal Abidin
content_source UNISZA Institutional Repository
url_provider https://eprints.unisza.edu.my/
language English
topic K Law (General)
KZ Law of Nations
spellingShingle K Law (General)
KZ Law of Nations
Nur Amani, Pauzai
Khairun-Nisaa, Asari
Farhanim, Abdullah Asuhaimi
Children Right to Nationality: National Law versus Human Rights Law
description The Universal Declaration of Human Rights (UDHR) had guaranteed the right to nationality to every person. Para 1 of Article 15 of UDHR provides that everyone has the right to a nationality and para 2 further states that no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Deprivation of nationality is a very serious denial of human rights committed by a state against it subjects. This problem will not vanish by itself and the law that are exist today, are insufficient to curb with the matters caused by, mainly, the sovereignty of national law in deciding nationality. Therefore, it is a need to review the current law on the matter, and, perhaps, to have a new law(s) governing the matter so that the problem of statelessness among the children could be reduced or eliminated. This paper will expressed this matter using traditional legal method that mainly based on the library search. The data will be gathered from the legal documents such as international conventions, statutes, reported cases, legal journals, articles and relevant text books. By examining the relevant laws and provisions, this paper will discuss the conflict of law between municipal and international law concerning the rights of a child to acquire nationality. It also will analyse the types and grounds of discrimination in getting nationality such as race and religion and the rights of a child of a successor state to acquire a nationality of a newly established state. Lastly, this paper will propose relevant legal measures to protect the children from any elements of the discrimination of nationality and available remedies in case of denial of it.
format Conference or Workshop Item
author Nur Amani, Pauzai
Khairun-Nisaa, Asari
Farhanim, Abdullah Asuhaimi
author_facet Nur Amani, Pauzai
Khairun-Nisaa, Asari
Farhanim, Abdullah Asuhaimi
author_sort Nur Amani, Pauzai
title Children Right to Nationality: National Law versus Human Rights Law
title_short Children Right to Nationality: National Law versus Human Rights Law
title_full Children Right to Nationality: National Law versus Human Rights Law
title_fullStr Children Right to Nationality: National Law versus Human Rights Law
title_full_unstemmed Children Right to Nationality: National Law versus Human Rights Law
title_sort children right to nationality: national law versus human rights law
publishDate 2017
url http://eprints.unisza.edu.my/1100/1/FH03-FUHA-18-12647.pdf
http://eprints.unisza.edu.my/1100/
_version_ 1683234973352460288
score 13.211869

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