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South Africa’s implementation of human rights law on the right to acquisition of nationality
Thesis (LLD)--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613571486056448 |
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| access_status_str | Open Access |
| author2 | Killander, Magnus |
| author_browse | Killander, Magnus |
| author_facet | Killander, Magnus |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/91076 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:15.902Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/91076 South Africa’s implementation of human rights law on the right to acquisition of nationality Killander, Magnus tundeenigbokan@gmail.com Enigbokan, Omotunde UCTD Human rights Migrants Statelessness Nationality legislation Birth registration legislation South Africa Statelessness determination procedure Thesis (LLD)--University of Pretoria, 2023. Global and African regional human rights law provides for the right of a child to a nationality.However, to address evolving causes of statelessness worldwide, global, and African regional human rights jurisprudence is developing to ensure that everyone has a right to a nationality. South Africa is yet to ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness which are key to addressing statelessness. South Africa has ratified a number of core United Nations and African regional human rights treaties on this right. This study finds that despite South Africa’s ratification of these global and African regional human rights treaties on the right to a nationality, there are still challenges and gaps in South Africa’s nationality legislation which violates South Africa’s human rights obligation on the right to a nationality. Since birth registration is required in South Africa’s citizenship legislation before South African citizenship is conferred, this study examines South Africa’s current birth registration legislation and the challenges that are barriers to the acquisition of South African nationality. Since South Africa does not have a Statelessness Determination Procedure (SDP), a gap in its current nationality legislation, this study recommends practices that advance human rights norms and principles from the SDP of countries such as the United Kingdom (UK) and other African countries such as Côte d’Ivoire which South Africa can adopt in developing its SDP. This study also recommends good practices South Africa can adopt in its nationality legislation and birth registration legislation from countries such as Cameroon, Somalia, Djibouti and Eritrea, Eswatini, Rwanda and Lesotho. Public Law LLD Unrestricted 2023-06-09T11:39:49Z 2023-06-09T11:39:49Z 2023-09 2023 Thesis * S2023 http://hdl.handle.net/2263/91076 10.25403/UPresearchdata.23393381 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Human rights Migrants Statelessness Nationality legislation Birth registration legislation South Africa Statelessness determination procedure South Africa’s implementation of human rights law on the right to acquisition of nationality |
| title | South Africa’s implementation of human rights law on the right to acquisition of nationality |
| title_full | South Africa’s implementation of human rights law on the right to acquisition of nationality |
| title_fullStr | South Africa’s implementation of human rights law on the right to acquisition of nationality |
| title_full_unstemmed | South Africa’s implementation of human rights law on the right to acquisition of nationality |
| title_short | South Africa’s implementation of human rights law on the right to acquisition of nationality |
| title_sort | south africa s implementation of human rights law on the right to acquisition of nationality |
| topic | UCTD Human rights Migrants Statelessness Nationality legislation Birth registration legislation South Africa Statelessness determination procedure |
| url | http://hdl.handle.net/2263/91076 |