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1.
GENERAL RECOMMENDATIONS
1.1 Elevate the goal of ending childhood statelessness as a
major policy priority, including with regard to the design
and implementation of National Action Plans initiated
under the framework of UNHCR’s #ibelong campaign
which seeks to eradicate statelessness within a decade.
1.2 Promote the mainstreaming of childhood statelessness in the
policy discourses and strategic plans of all relevant stakeholders,
including through the dissemination of this report.
1.3 Build on ENS’s regional conference “None of Europe’s
Children Should be Stateless”, and the resulting Action
Statement, as a catalyst and guide for concerted and joint
action by a diverse range of stakeholders.
1.4 Develop effective communications strategies, including the
harnessing of social and digital media, in order to share
knowledge of the causes and consequences of childhood
statelessness with a much wider audience and thereby
increase societal and political pressure.
1.5 Translate increased awareness about the problem of
childhood statelessness into a greater mobilisation of
resources in support of measures aimed at addressing this.
1.6 Underscore and complement awareness-raising gains with
new targeted research to plug information gaps, as well as
deepen knowledge of why/where childhood statelessness
occurs, and good practices to address it.
2. RECOMMENDATIONS TO
GOVERNMENTS
2.1 Accede to the 1961 Convention on the Reduction of
Statelessness and the 1997 European Convention on
Nationality, including states that have already pledged to do so.
2.2 Implement measures to fulfil children’s right to a
nationality, in accordance with article 7 of the CRC
and General Comment No. 5 of the Committee on the
Rights of the Child,239 which include – as needed – treaty
accession,240 the removal of reservations, legislative
reform, National Action Plans, Child Rights Impact
Assessments, outreach and information campaigns,
training and capacity building, data collection, collaboration
with civil society and international cooperation.
2.3 Conduct a comprehensive review of all relevant laws,
regulations and practices, assessing compatibility against
international standards and child rights principles
(including the best interests of the child).
2.4 Adopt amendments to national laws, policy guidelines
and/or further implementing measures to address all
situations in which children born in the territory or to
citizen parents can be left stateless, as well as to address
barriers to birth registration for vulnerable groups,
taking into account the need to ensure acquisition of a
nationality immediately or soon after birth.
2.5 Review and improve data collection and reporting methods
relating to childhood statelessness, including birth registration
(with due respect for data protection and confidentiality).
Ensure that this is disaggregated by age and gender.
2.6 Build the capacity of relevant administrative and judicial
bodies to proactively identify and address situations
of childhood statelessness – including among cases of
“unknown nationality” – and ensure that decisions/
actions are taken in accordance with relevant international
standards, jurisprudence and related authoritative
guidance of international bodies such as the Committee
on the Rights of the Child and UNHCR.
2.7 Encourage, through bilateral and multilateral external
relations policy the adoption of more effective measures
to prevent and reduce statelessness in countries outside
the region, in particular to repeal any discriminatory laws
or practices affecting children’s access to nationality.
3. RECOMMENDATIONS TO REGIONAL
ACTORS
Council of Europe
3.1 Promote further ratifications of the European Convention on
Nationality and the comprehensive implementation in national
law and practice of Convention standards for the avoidance of
statelessness, with due regard for the general principles of the
right to a nationality, non-discrimination and best interests of
the child such that access to nationality for stateless children is
not contingent on their own or their parents’ residence status.
3.2 Identify good practice and facilitate awareness raising as
well as information exchange among parliamentarians and
policy makers on the importance of, and measures for,
ending childhood statelessness in Europe.
3.3 Strengthen the jurisprudence of the European Court of
Human Rights relating to nationality as a protected element
of a person’s identity, including by providing further normative
guidance on the role of the principle of best interests of the
child in the context of the avoidance of childhood statelessness.
European Union
3.4 Implement the pledge made in 2012 for all EU Member
States yet to accede to the 1961 Convention to explore
doing so, and periodically report on progress in this regard.
3.5 Increase attention on the causes, impact and solutions
of childhood statelessness in Europe, across all relevant
European Union institutions, and identify areas of EU
policy which provide an avenue for strengthening efforts
to mitigate the effects of childhood statelessness and
improve children’s enjoyment of the right to a nationality.
3.6 Ensure that issues around childhood statelessness are
mainstreamed in the upcoming renewal of the EU child
rights agenda, the Forum on the Rights of the Child, the
Framework for National Roma Integration Strategies
and the European Commission’s Investing in Children
Recommendations. Monitor the application of this,
including through the European Parliament’s Inter Group
on Children’s Rights.
3.7 Promote the systematic generation and dissemination of
reliable data on children affected by statelessness and on
children’s access to nationality by EU Member States as a
means to better identify trends, gaps and good practices.
3.8 Stimulate states around the world to address
discriminatory or otherwise problematic laws and
practices affecting children’s right to a nationality,
including through the European External Action Service,
and by using multilateral fora such as the UN Human
Rights Council. To this endeavour, provide political and
financial support to initiatives related to ending childhood
statelessness, including the UNHCR #ibelong campaign.
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