Ariticle7Name and nationality
- The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
- States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
The following five rights of the child are stated in this article. Further, ①, ② and ③ were established on the basis of Article 24(2) and (3) of the International Covenant on Civil and Political Rights.
① Right to be registered immediately after birth
This refers to the registration of basic information about the child with the State after birth. Examples of basic information here include name, sex, date of birth, place of birth, name and address of both mother and father, nationality of both mother and father, and so on. This ensures that the child is recognised by the State and the information is used to provide better protection of the child's rights, which are recognised by this Convention.
② Right to a name from birth
This article stipulates the right of children to have a “name” from birth, and correspondingly, parents have the right to name their children (right of naming). The exception to this is that orphans have no parents or equivalent and cannot be named, so the State needs to name them instead.
③ Right to acquire a nationality from birth
This article provides for the “acquisition of nationality” from the time of the child's birth. This is because, in many cases, whether a child is guaranteed fundamental human rights depends on whether or not the child has a nationality. At the same time, in accordance with paragraph 2 of this article, the State must make efforts to prevent the statelessness of the child. It is clear that prevention efforts are of the utmost importance in light of the description of the “best interests of the child” in Article 3. In addition, any gender discrimination or discrimination against illegitimate children (children born out of wedlock) in the acquisition of nationality is prohibited under Article 2, “No Discrimination.” For a detailed explanation of each article, please visit the relevant page.
④ Right to know their parents as far as possible
The definition of “parent” in this article applies to both cases of blood parents and parents who raised the child (psychological parents). The phrase “as far as possible” is added because it is not always clear that knowing a parent is absolutely conducive to a child's well-being.
⑤ Right to be cared for by his or her parents
It is clarified that the child should be nurtured by a parent. This is closely related to ④ and the words “as far as possible” are included based on the complexity and difficulty of the definition of the word “parent.”