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Nationality of Foundlings: Avoiding Statelessness Among Children of Unknown Parents Under International Nationality Law

Nationality of Foundlings: Avoiding Statelessness Among Children of Unknown Parents Under International Nationality Law

Author: Mai Kaneko-Iwase
Publisher: Springer-Verlag
ISBN: 9789811630040

Published In: October 2021
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789811630071

HKD 1,462.00

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Description
Contents

Details

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.

EXECUTIVE SUMMARY

TABLE OF ABBREVIATIONS

CHAPTER 1: INTRODUCTION

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

CHAPTER 3: 'FOUNDLING' AND UNKNOWN PARENTAGE

CHAPTER 4: DEFINING 'UNKNOWN-NESS' OF PARENTAGE

CHAPTER 5: BURDEN AND STANDARD OF PROOF IN DETERMINING UNKNOWN-NESS OF PARENTAGE

CHAPTER 6: AGE OF A FOUNDLING, AND BEING 'FOUND' IN THE TERRITORY

CHAPTER 7: 'IN THE ABSENCE OF PROOF TO THE CONTRARY'

CHAPTER 8: RECOMMENDATIONS - MODEL FOUNDLING PROVISION

ANNEX 1: COMPARATIVE TABLE OF LEGISLATION ON THE NATIONALITY OF FOUNDLINGS OF 193 UN MEMBER STATES

ANNEX 2: FOUNDLING PROVISIONS AS OF 1953 (NON-EXHAUSTIVE)