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Macedonia… Egzon was born in Macedonia to
stateless parents. According to the Macedonian law
on citizenship, children born on the territory whose
parents hold unknown or no citizenship shall acquire
citizenship122. Despite this safeguard, Egzon is still
stateless while well on his way to adulthood. Without
the possibility of proving his parents’ statelessness,
Egzon is without a nationality as well. Documents
to demonstrate his parents’ statelessness have
recently been presented to the Macedonian Section
for Citizenship. Egzon is awaiting confirmation of his
acquisition of Macedonian nationality following the
submitting of these documents.123
Countries that already have laws in place to prevent
statelessness for children born on their territory to parents
of unknown or without nationality can easily remedy the
gap in their nationality law. This was most recently achieved
in Armenia. Article 12 of the Armenian citizenship law
previously provided for the acquisition of nationality for
children born on the territory only if the parents are stateless
or of unknown citizenship.125 Amendments to the Armenian
citizenship law of May 2015, however, widened the Armenian
safety net for otherwise stateless children by also including
the children born in Armenia to parents that are citizens of
(an)other country(ies), but who are unable to transfer this
citizenship.126 Indeed, this broader scope can be achieved
through a simple, one-sentence provision, such as is present
in Article 6(3) of the Irish Nationality and Citizenship Act,
which provides: “A person born in the island of Ireland is an Irish
citizen from birth if he or she is not entitled to citizenship of any
other country”.
VALENTINA’S STORY
Safeguards contingent on residence status
EGZON’S STORY
Slovenia… Valentina is a young Roma woman who
was born in Slovenia, as was her child. They are
both stateless. Valentina was born when the country
was still a part of the Socialist Federal Republic of
Yugoslavia. Her father was born in Kosovo and her
mother in Serbia. She does not know why exactly she
was left stateless, but believes it may be because she
was born in Slovenia and Serbian authorities were
either not notified of her birth or had not registered
her as a Serbian national upon notification. In 1992,
after Slovenia became independent, her family was
forced to leave the country when Valentina was
only a child, because she and her family members
were illegally erased from the permanent residence
register. They went to Germany where they stayed
for 13 years. At that time, she did not know that she
has no citizenship as her life appeared normal – her
family lived in an apartment, they had social security
and the children attended school. Due to long term
residency in Germany, the family could have acquired
German citizenship but her father decided to bring
the family back to Slovenia. Many years later she
acquired a permanent residence permit on the basis
of being erased but even with this permit she feels
that the fact that she is stateless is a great burden:
“I feel trapped and I cannot go where I want to go – to
visit my sisters. I lack freedom”. In 2012, she gave birth
to her son who is also without citizenship. His father
is a Serbian national but according to the information
they received from the Serbian embassy, because
Valentina is considered of unknown citizenship, the
father cannot formally acknowledge paternity before
Serbian authorities and therefore cannot pass his
citizenship onto their son. Despite safeguards in
the Slovenian law that should mean that her son is
entitled to Slovenian nationality, he has been unable
to obtain it in practice.124
The third type of problem in evidence in the category of
“partial safeguard” is where access to nationality for an
otherwise stateless child born in the state’s territory is made
contingent on the child and/or the parents’ residence status.
As shown in figure B, 14 European countries require some
form of residency from parents and/or child that is not in
line with international standards. These countries all stipulate
different forms of legal stay – in some cases even requiring a
permanent residence status.127
FIGURE B
Residence status
of the child
Denmark
Iceland
Netherlands
Sweden
Residence status
of the parents
Both
Estonia
Albania, Belarus,
Czech Republic,
Georgia, Germany,
Hungary, Latvia,
Lithuania, Russia
Demanding that the child or his/her parents reside lawfully
on the territory is a problematic issue. This is prohibited by
the 1961 Convention which permits only the condition of a
certain period of habitual residence.128 By allowing children to
acquire citizenship, independent of the residence status they
or their parents have, states not only comply with the terms
of this convention and ensure respect for the child’s right
to a nationality, but they are also acting in accordance with
the principle of non-discrimination and the best interests of
the child.129 The Committee on the Rights of the Child has
commented on numerous occasions that all children should be
protected from statelessness, in accordance with their right to
a nationality, regardless of their parents’ immigration status:
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