Overview
- Is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness
- Contains a comparative analysis of legislation on “foundlings” in 193 states and legal precedents in some states
- Proposes an inclusive model “foundling provision” reflecting the principle of the best interests of the child
Part of the book series: Evidence-Based Approaches to Peace and Conflict Studies (EBAPCS, volume 5)
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Table of contents (8 chapters)
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Front Matter
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Back Matter
Keywords
- Foundling Definition
- Child of Unknown Parents Nationality and Statelessness
- Abandoned or Orphaned Children
- Baby Hatches or Baby Boxes
- Legal Parentage
- Foundling Under Nationality Law
- Surrogacy
- Unaccompanied or Separated Minors
- Safe Haven Law or Baby Moses Law
- Undocumented or Unregistered Children
- 1961 Convention on the Reduction of Statelessness
- Anonymous Birth or Confidential Birth
About this book
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.
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Authors and Affiliations
About the author
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.
Bibliographic Information
Book Title: Nationality of Foundlings
Book Subtitle: Avoiding Statelessness Among Children of Unknown Parents Under International Nationality Law
Authors: Mai Kaneko-Iwase
Series Title: Evidence-Based Approaches to Peace and Conflict Studies
DOI: https://doi.org/10.1007/978-981-16-3005-7
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2021
Hardcover ISBN: 978-981-16-3004-0Published: 25 September 2021
Softcover ISBN: 978-981-16-3007-1Published: 26 September 2022
eBook ISBN: 978-981-16-3005-7Published: 24 September 2021
Series ISSN: 2730-5651
Series E-ISSN: 2730-566X
Edition Number: 1
Number of Pages: XXIX, 443
Number of Illustrations: 2 b/w illustrations, 1 illustrations in colour
Topics: Human Rights, Common Family Law, Private International Law, International & Foreign Law, Comparative Law , Political Science