Nationality of Foundlings
Avoiding Statelessness Among Children of Unknown Parents Under International Nationality Law
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Beschreibung
This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
Is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness Contains a comparative analysis of legislation on “foundlings” in 193 states and legal precedents in some states Proposes an inclusive model “foundling provision” reflecting the principle of the best interests of the child
Autor*in
Mai Kaneko-Iwase
Themen in »Nationality of Foundlings«
Foundling Definition Child of Unknown Parents Nationality and Statelessness Abandoned or Orphaned Children Baby Hatches or Baby Boxes Legal Parentage Foundling Under Nationality Law Surrogacy Unaccompanied or Separated Minors Safe Haven Law or Baby Moses Law Undocumented or Unregistered Children 1961 Convention on the Reduction of Statelessness Anonymous Birth or Confidential Birth
Stimmen zu »Nationality of Foundlings«
“Mai Kaneko-Iwase's publication Nationality of Foundlings is an essential contribution filling gaps in understanding of international law and State practice in granting nationality to children found in a State’s territory.” (Betsy L Fisher, Statelessness & Citizenship Review, Vol. 4 (1), 2022)
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