Nationality of Foundlings

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.

Auteur

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.

Texte du rabat

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.

Résumé
"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)

Contenu
Chapter 1 Introduction.- Chapter 2 Nationality, Statelessness, Family Relationships, Documentation and Foundlings.- Chapter 3 Defining a 'Foundling'.- 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 'Proof to the Contrary' and Conditions for Nationality Withdrawal.- 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).- Bibliography.