21
CHILDREN AND LOSS OR RENUNCIATION
OF NATIONALITY
As demonstrated by George’s case, presented at the opening
of this section, children who have successfully inherited
a nationality from their parent(s) may still be exposed to
statelessness at some stage due to the actions of their parents
and the failure of states to protect their right to a nationality.
Research conducted in Albania unearthed a similar case:
VASIL’S STORY
25-year old Vasil was born in Albania, to Albanian
parents and acquired Albanian nationality at birth. His
family migrated to Greece in 1990, when Vasil was a
new-born, and after some time they renounced their
Albanian citizenship in order to obtain the Greek
one. However, they were unsuccessful in acquiring
Greek nationality and hence, all the family members
– including Vasil who was only a child at the time –
were left without citizenship. Later, they returned to
Albania, where they currently reside. Vasil was never
aware that he did not have any citizenship. He believed
that he lacked identification documents because he
could not afford any. Vasil had difficulties securing
access to food, welfare assistance or other public
social programs provided by the government. To
reacquire Albanian citizenship was a complicated and
expensive procedure for which Vasil needed the help
of the Tirana Legal Aid Society (TLAS), an Albanian
NGO, and which took almost a year. Once Vasil got
an identity card, his son was registered in the Civil
Status Office and Vasil was also able to legally marry
the mother of his child. After reacquiring Albanian
citizenship, Vasil’s family also became eligible to access
public services on an equal basis with other citizens
and the child was finally able to access hospitals to be
vaccinated and to attend kindergarten.167
In both Vasil and George’s cases, their parents took the
deliberate decision to voluntarily renounce the nationality
of all members of the family. At the time, the laws of
Albania and Romania allowed this even though it left them
stateless. Both countries have since amended their legislation
and now require that a person seeking renunciation has
already acquired or has assurances that he/she will acquire
another nationality. This is in accordance with the rule that
is prescribed by international law.168 Nevertheless, the new
safeguard in Romanian legislation is not watertight when
it comes to the nationality of children. It is still possible for
a child to lose Romanian nationality if both parents have
renounced (themselves demonstrating acquisition of another
nationality) and the child has left the country with them,
even if the child may not have secured a foreign nationality.169
A similarly small, yet critical, gap exists within the Polish
legislative framework.170
The Committee on the Rights of the Child has commented
on this problematic area of law, recommending in respect
of Ukraine in 2011: “that the State party amend legislation so
as to guarantee by law and in practice the right of the child to
a nationality and not to be deprived of it on any ground and
regardless of the status of his/her parents”.171 The Macedonian
system provides a good example of how to provide strong
assurances against statelessness in the law for the context
of renunciation. Not only does it require the submission
of documents, along with the request for renunciation of
nationality by parents on behalf of their child, showing that
the child is guaranteed to acquire another nationality –
Macedonian citizenship is also automatically restored if, within
one year from the date of renunciation, the foreign nationality
has not been acquired. Nationality can also be reacquired by
a child where it has been lost by renunciation, if he/she has
legally and continuously resided in the country for at least
three years by the age of 25. This gives children the possibility
of reversing actions relating to their nationality which was
taken by their parents, on their behalf, and that they may
ultimately not agree with.172
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