Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

106 | PRACTITIONERS GUIDE No. 6they are not subject to any specific international law protection, areprotected by international human rights law. Of particular relevance areobligations of non-discrimination, and the principle that rights must beguaranteed in ways that are practical and effective. 282The UNHCR expert meeting also recognised that “irregular migrantswho are without identity documentation may or may not be unable orunwilling to avail themselves of the protection of the country of theirnationality.” 283 As a rule there should have been a request by the migrantfor protection and a refusal by the State of nationality, before heor she can be declared de facto stateless. However, prolonged non-cooperationby the country of nationality in the identification procedure orother proceedings can also be considered a refusal of protection, thusmaking the migrant de facto stateless. 284 Similarly, this condition mayalso be satisfied in a situation where a country is unable to exercisediplomatic or consular protection.Several treaties impose obligations on States aimed at reducing statelessness,reflecting the right to nationality, enshrined in Article 15of the Universal Declaration of Human Rights. 285 These are the 1961Convention on the Reduction of Statelessness, the European Conventionon Nationality, and the 2006 Council of Europe Convention on the avoidanceof statelessness in relation to State succession. 286 An importantsafeguard concerning children is set out in Article 7 CRC which requiresthat a child “shall be registered immediately after birth and shall havethe right from birth to a name, the right to acquire a nationality and asfar as possible, the right to know and be cared for by his or her parents[. . .] in particular where the child would otherwise be stateless.” 287 Ofparticular interest to the situation of migrants is Article 7 of the 1961Convention on the Reduction of Statelessness, which deal with obliga-282 See, for example, CCPR, General Comment No. 31, op. cit., fn. 46, para. 10; and Article 2.3ICESCR, which prohibits at least developed States from discriminating between nationalsand non-nationals.283 The Concept of Stateless Persons under International Law, op. cit., fn. 276, para. II(10).284 See, also, an analysis of Statelessness as lack of effective nationality in the Equal Rights Trust,Unravelling Anomaly, op. cit., fn. 281; and Hugh Massey, “UNHCR and de facto statelessness”,in UNHCR Legal and Protection Policy Research Series, Department of International Protection,UNHCR, UN Doc. LPPR/2010/01, April 2010.285 See also, Article 7 CRC and Article 24.3 ICCPR.286 The Convention on the Reduction of Statelessness, 1961, (Statelessness Convention) providesspecific obligations on States in order to prevent statelessness as a result of the circumstancesof a person’s birth (Articles 1–4); in cases of marriage, termination of marriage, legitimationor adoption, (Article 5–6); or due to loss or renunciation of nationality, or naturalisation procedures,departure, residence abroad, failure to register or any other similar ground (Article 7) orin cases of transfer of State territory to another State (Article 10). It provides that no personor group may be deprived of their nationality on racial, ethnic, religious or political grounds(Article 9).287 Article 7 CRC. The obligation is reflected also in Article 6 ACRWC; Article 20 ACHR, Article XIXADRDM, Article 2, Convention on the Reduction of Statelessness, 1961.