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.

Autorentext

Dr Mai Kaneko-Iwase, a researcher at Maastricht University, the Netherlands, studied international human rights law at the School of International and Public Affairs at Columbia University in New York where she obtained her master's degree in 2004. She was awarded a PhD (Law) from the Department of Private Law, Faculty of Law, Maastricht University in January 2020. Starting in 2004, Dr Kaneko-Iwase has worked for the United Nations High Commissioner for Refugees (UNHCR) primarily in Japan, but also in Pakistan, Lebanon and Malaysia. This book was written by the author purely in her personal capacity. The views expressed herein are those of the author and do not reflect the views of the UN or UNHCR.

Klappentext
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.

Inhalt

EXECUTIVE SUMMARY 16

TABLE OF ABBREVIATIONS 20

CHAPTER 1: INTRODUCTION 22

1.1 Why foundlings? 23

1.2 Objective 26

1.3 Research questions 26

1.4 Working hypothesis to be verified in chapters 3 and 6: Foundling is a child of unknown parentage 28 1.5 Research methodology and limitation 29

1.5.1 Languages 29

1.5.2 Literature review and further research 30

1.5.2.1 Review of international and regional instruments and standards 30

1.5.2.2 Review of practical and academic materials 30 1.5.2.3 Systematic comparison of the 'foundling provision' including its definition and methodology (193 States - Annex 1) 32

1.5.2.4 Analysis of select nationality and birth registration related legal instruments, case law and administrative precedents 33

1.5.2.5 Inquiry with experts 34

1.5.2.6 Field visits and interviews 34

1.5.3 Consideration over the possibility of systematic comparative review and ideal focus countries 35

1.5.4 Adjusted approach and eventual countries with relative details included 36

1.5.5 Significance of practice by non-State parties 40

1.5.5.1 Customary international norm? Codification of the existing nationality legislation principle into the 1930 and 1961 Convention 41

1.5.5.2 Overview of Annex 1, a comparative table of 193 States - General practice accepted as law? 45

1.6 Qualitative rather than quantitative research 48

1.7 Structure 49

CHAPTER 2: NATIONALITY, STATELESSNESS, FAMILY RELATIONSHIPS, DOCUMENTAITON AND FOUNDLINGS 50

2.1 Statelessness around the world and efforts to address statelessness 50

2.2 Right to nationality under international law 53

2.3 Domestic rules for acquisition and loss of nationality 56

2.4 International legal framework to address statelessness 56

2.4.1 Developments towards adoption of the 1961 Convention 59

2.4.2 Relevance of UNHCR guidance 61

2.5 Stateless person definition and interpretation 62 2.6 The definition of being 'considered a national' &am...