In the Americas, the established regional human rights system (the Inter-American system) is composed of two bodies: the Inter-American Commission on Human Rights (IACommHR) and the Inter-American Court of Human Rights (IACtHR), created under the auspices of the Organisation of American States (OAS).
Article 20 of the American Convention on Human Rights protects the right to a nationality. This provision, the accompanying case law of the Inter-American Court and the work of the Inter-American Commission, provide a robust legal framework for the protection of the right to a nationality. Cases brought before the Inter-American Court of Human Rights, even if few, have reinforced guarantees against statelessness which establish limits to State discretion in this regard . Furthermore, a recent report by the by the Inter-American Commission on Human Rights—through its Special Rapporteurship on the Rights of Migrants—provides a detailed overview of regional standards for the protection of vulnerable groups in the Americas, including stateless persons.
The Americas’ states at the Universal Periodic Review
The issue of statelessness in countries in the Americas rarely comes up within the framework of the Universal Periodic Review (UPR), with the majority of recommendations relating to accession to the Statelessness Conventions. Chile and the Dominican Republic have received concrete recommendations to address statelessness. During Chile’s 2014 UPR review. The need for a comprehensive immigration policy and modification of current legislation to guarantee the right to nationality of children of migrants, was highlighted by multiple states. The DR received 15 recommendations when undergoing the UPR in 2014, directly related to the issue of statelessness.