39
for otherwise stateless children born in the territory, ENS, Ending Childhood
Statelessness: A Study on Italy, 2015, pages 7-14.
114
See the case of Djana. Ibid, pages 15-16.
115
Ibid, pages 14-15.
116
Specific status enjoyed under Latvian domestic law by persons left without
a nationality following the country’s independence, who are stateless for
the purposes of international law.
117
See Annex 2, second column.
118
See section 2 above.
119
See, for instance, the cases of Erik and Maria outlined above. Moreover, by
not also providing for a reasonable opportunity for the child to take action
independently of his or her parents to make use of an available safeguard
to acquire a nationality, such a policy may also run counter to the principle
of respect for the views of the child. See article 12 CRC.
120
In this regard, the Human Rights Committee has, for instance, established
that “no discrimination with regard to the acquisition of nationality should
be admissible under internal law as between legitimate children and children
born out of wedlock or of stateless parents or based on the nationality status
of one or both of the parents”. Human Rights Committee, General Comment
No. 17: Article 24 (Rights of the Child), 7 April 1989, para. 8.
121
See ENS, Good practice guide on statelessness determination and the
protection of stateless persons, 2013.
122
Article 6 of the Law on Citizenship of the Republic of Macedonia.
123
ENS, Ending Childhood Statelessness: A Study on Macedonia, 2015, page 7.
124
ENS, Ending Childhood Statelessness: A Study on Slovenia, 2015, pages 7-8.
125
Article 12(1), paras 1-2 of the Citizenship Law of Armenia.
126
Article 12(1), para 3 of the Citizenship Law of Armenia.
127
The different conditions relating to residence status requirements are
different periods of permanent residence, legal residence, legal residence
on the day of birth, legal residence since birth, or a combination of legal
and permanent residence.
128
Habitual residence means stable and factual residence. UNHCR, Guidelines
on Statelessness no. 4 (HCR/GS/12/04 21 December 2012) paras 40-41.
Note that even though States are allowed under the ECN to require legal
stay of the child, where states are also party to the 1961 Convention, this
stipulation is in violation of their obligations under the latter convention.
129
In accordance with CRC articles 2, 3 and 7.
130
Committee on the Rights of the Child, Concluding Observations: Czech
Republic, CRC/C/CZE/CO/3-4, 4 August 2011, para. 38; see also
Committee on the Rights of the Child, Concluding Observations: Lithuania,
CRC/C/LTU/CO/2, 17 March 2006, paras. 33-34; Committee on the Rights
of the Child, Concluding Observations: Switzerland, CRC/C/CHE/CO/2-04,
30 January 2015, para. 31.
131
Above n52, para. 99.
132
Aanvullende Reactie van het Kabinet op het ACVZ-advies Inzake
Staatloosheid (Additional Reaction from the Cabinet on the ACVZ-advice
Concerning Statelessness) (12 November 2014)
133
In 2013, it was observed that 85 stateless children registered who were
born in the territory and were four years or older, yet cannot acquire
Dutch nationality because they lack a residence permit. L. van Waas,
Stateless People in the Netherlands Deserve Better, Blog for the Statelessness
Programme, 13 December 2013.
134
Schedule 2(3) of the British Nationality Act.
135
UNHCR/Asylum Aid, Mapping Statelessness in the United Kingdom (November
2011) 1136-137. In the same period, 145 formerly stateless children that were
born on British territory acquired British nationality as a consequence of either
of their parents becoming settled or becoming a British citizen.
136
See the examples of Germany, Sweden and the Netherlands given in
European Network on Statelessness, Preventing childhood statelessness in
Europe: Issues, gaps and good practices, 2014, page 14.
137
See, for instance, Committee on the Rights of the Child, Concluding
Observations: Czech Republic, CRC/C/CZE/CO/3-4, 4 August 2011.
138
See also section 2 of this report.
139
UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child’s Right
to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the
Reduction of Statelessness, HRC/GS/12/04, 21 December 2012, para. 22.
See also Principle 8 of the Council of Europe, Recommendation CM/Rec
(2009) 13 of the Committee of Ministers to member states on the nationality
of children, 9 December 2009: “Register children as being of unknown or
undetermined nationality, or classify children’s nationality as being ‘under
investigation’ only for as short a period as possible”.
140
Above n52, para. 97.
141
Ibid, paras. 99 and 97.
142
See also the ruling of the African Committee of Experts on the Rights and
Welfare of the Child in the case of Children of Nubian Descent v. Kenya,
Comm/002/2009, 22 March 2011, in which the Committee holds that “it
cannot be in these children’s best interests to leave them in a legal limbo
for such a long period of time”.
143
The information presented in this paragraph is taken from UNHCR,
Mapping Statelessness in Finland, November 2014, page 19.
144
Annex 2, third column.
145
See further section 5 of this report.
Section 16 and Section 7(1) and 7(2) of the Act on Norwegian Citizenship.
Article 8 of the Law on Romanian Citizenship.
148
Articles 26 and 30 of the Federal Law on the acquisition and loss of Swiss
nationality.
149
Committee on the Rights of the Child, Concluding Observations: Switzerland,
CRC/C/CHE/CO/2-04, 30 January 2015.
150
See for instance ENS, Ending Childhood Statelessness: A Study on Romania, 2015.
151
Ibid, page 9.
152
George’s story is told in more detail in the ENS publication Ending
Childhood Statelessness: A Study on Romania, 2015.
153
Where the child’s parents are EU citizens, this causes the child to also be
excluded from the benefits of EU citizenship. See further section 2.
154
States are free to impose such additional conditions, as long as these are
not discriminatory in nature, just as they are able to choose between a
primarily jus soli or jus sanguinis-based system. However, safeguards should
again be in place to ensure that statelessness does not result. See article 4
of the 1961 Convention.
155
ENS, Preventing childhood statelessness in Europe: Issues, gaps and good
practices, 2014, pages 16-17.
156
Above n51.
157
Note that by the time the European Court of Human Rights decided
on the Genovese case, the law in Malta had already been amended to
introduce gender equality. In the 2014 ENS report on preventing childhood
statelessness, Finland was also identified as having problematic legislation as
it distinguishes between children born in and out of wedlock with respect
to the paternal jus sanguinis provisions. However, a separate section of
the Finnish Nationality Act does allow children born abroad and out of
wedlock to a Finnish father to acquire a nationality through a declaration
procedure. It is considered to be in line with international law. See
UNHCR, Mapping Statelessness in Finland, November 2014.
158
E. Ersboll, Report on Citizenship Law: Denmark, EUDO Citizenship
Observatory, revised and updated July 2015, page 33; Information provided
online on the current citizenship law of Sweden by the Migration Agency
(July 2015).
159
J. Stern and G. Valchars, Country Report: Austria, EUDO Citizenship
Observatory, revised and updated September 2013, pages 19-20.
160
See also section 5 on the challenge of securing a nationality for children
born from international surrogacy.
161
In this particular instance, the children were not left stateless, nevertheless
the lack of access to Polish nationality in such circumstances could easily
lead to statelessness in similar cases. See further the ENS publication
Ending Childhood Statelessness: A Study on Poland, 2015, page 11.
162
See above, n52.
163
In this case, because the children were born from an international
surrogacy arrangement, prohibited in French law. See further section 5.
164
European Court of Human Rights, Oliari and others v. Italy, Application No.
18766/11 and 36030/11, 21 July 2015.
165
See ENS publication Ending Childhood Statelessness: A Study on Poland, 2015,
page 13.
166
ENS, Ending Childhood Statelessness: A Study on Slovenia, 2015.
167
Extract from ENS, Ending Childhood Statelessness: A Study on Albania, 2015,
page 10.
168
Article 7(1) of the 1961 Convention; article 8(1) of the ECN. This safeguard
is also upheld in the legislation of many European states. See, for instance,
ENS, Ending Childhood Statelessness: A Study on Latvia, 2015; ENS, Ending
Childhood Statelessness: A Study on Macedonia, 2015; ENS, Ending Childhood
Statelessness: A Study on Albania, 2015.
169
ENS, Ending Childhood Statelessness: A Study on Romania, 2015.
170
ENS, Ending Childhood Statelessness: A Study on Poland, 2015.
171
Committee on the Rights of the Child, Concluding Observations: Ukraine,
CRC/C/UKR/CO/3-4, 21 April 2011, para. 38.
172
ENS, Ending Childhood Statelessness: A Study on Macedonia, 2015.
173
Note that in order to benefit from the right of option for Dutch nationality
as an otherwise stateless child born in the country, the law requires the
child to hold lawful residence – contrary to the Netherlands’ obligations
under the 1961 Convention – and the authorities must recognize that the
child is, indeed, stateless. There are many children born in the country
who experience difficulties in practice because their nationality has been
registered as ���unknown”. See further section 3 of this report.
174
Marysia’s story is told in more detail in the ENS publication Ending
Childhood Statelessness: A Study on Poland, 2015.
175
This is found in article 14 of the Convention.
176
ENS, Ending Childhood Statelessness: A Study on Latvia, 2015. In Slovenia,
for instance, the Ministry of Interior also confirmed that the foundling
provision can be applied in any relevant case where the person is still a
child, i.e. under the age of 18. ENS, Ending Childhood Statelessness: A Study
on Slovenia, 2015. See also ENS, Preventing childhood statelessness in Europe:
Issues, gaps and good practices, 2014, page 19.
177
See also the similar case of Agni, also reported in ENS, Ending Childhood
Statelessness: A Study on Poland, 2015.
178
ENS, Preventing childhood statelessness in Europe: Issues, gaps and good
practices, 2014, page 20. See further G. Gyulai, Nationality Unknown? An
146
147
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents