CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THE ISSUE OF COMPARISON OF STATELESS PERSON WITH STATELESS SHIP … applies to Bahrain, Egypt, Jordan, and Palestine. Some countries allow registering the child out of wedlock through a court order, sometimes there is an additional requirement of a DNA test of paternity. In other cases, the child born out of wedlock can be only registered, if the woman stated she was subject to sexual violence, so the child was conceived as a result of a rape. Some countries, e.g., Iran, included in their domestic criminal laws a provisions concerning children born out of wedlock, these laws penalise unmarried women who gave birth, charging them with adultery or sex work, and they became subject of cruel and inhumane treatment and punishment. 37 In European countries the unregistered births mainly occur in cases where the mothers are migrants without a residence status, unrecognised refugees, illegal or subject to deportation, same-sex couples, children born out of wedlock (especially to mixed nationality parents), and to minority communities, such as the Roma. European countries (mostly Balkan and Eastern European countries) receive recommendations from the UN Human Rights Council and the UN Committee on the Rights of the Child to facilitate birth certificates to all children born in the territory without discrimination. Western European countries mainly receive the recommendation to issue birth certificates cornering the cases of children born in overseas territories. Unregistered births in European countries might occur in case there are charges for health services, so migrant mothers might less likely give birth in hospitals, which are responsible to report births and issue confirmations based on which the birth certificates are issued. Problems with birth registration and birth certificate issuance also arise if the child’s mother is unable to prove her identity (does not hold any identity documents) or in case the child is born to an asylum seeker in transit ( en route ) to Western European countries. 38 3.1 Assessment based on the Convention on the Rights of the Child Such practise is not in accordance with the obligations of the states stemming from Article 7(1) of the Convention on the Rights of the Child . 39 This Article stipulates no conditions or prerequisites for birth registration and the states must ensure the implementation of this right in particular if the child would be otherwise stateless. Kuwait ratified this convention in 1991, Qatar in 1995, and Saudi Arabia in 1996 both with reservation that will not fulfil the obligations which are in contrary to Islamic law and shariah, and the UAE in 1997 with reservations in regard to the Islamic law, domestic law, the country’s tradition, and cultural values. Bahrain ratified the convention in 1992, Egypt in 1990, Jordan in 1991, and Palestine in 1994, no reservations applied. Iran ratified the convention in 1994 with the reservation of the right not to apply any provisions or articles of the Convention which are incompatible with Islamic law and international legislation in effect. 40 This convention (unlike e.g., the Genocide Convention) 41 does not constitute the jurisdiction of the International Court of Justice over the disputes regarding the interpretation, application, or fulfilment of the obligations of the state parties. The body 37 Ibidem. 38 PETROZZIELLO, A. J. Birth Registration as Bordering Practise in Fortress Europe. In: European Network on Statelessness. [online] [accessed on 17 August 2024] Available at: https://tinyurl.com/ycxc9cnw. 39 Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series , vol. 1577, p. 3. 40 UN Treaty Collection. 11. Convention on the Rights of the Child. New York, 20 November 1989. Registry of Declarations and Reservations. [online] [accessed on 19 May 2024] Available at: https://tinyurl.com/3xps4te2. 41 cf. Art. IX Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, United Nations, Treaty Series, vol. 78, p. 277.

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