35
ANNEX 3
CONFERENCE ACTION STATEMENT
“NONE OF EUROPE’S CHILDREN
SHOULD BE STATELESS”, 2015
This statement was presented and discussed during the
closing session of the ENS conference “None of Europe’s
children should be stateless” which was held in Budapest on
2-3 June 2015 and brought together 100 participants from
over 30 European countries. Those in attendance included
lawyers, academics, and NGOs as well as representatives from
government, intergovernmental organisations, ombudspersons,
the judiciary, UN Treaty Bodies, the Council of Europe and
the European Union. The conclusions below relate to five
conference guiding questions, and are intended to help guide
joint efforts to end childhood statelessness in Europe.
Shaping a research agenda to further understand the causes
and consequences of childhood statelessness
• Build on the existing body of country-level research on
childhood statelessness by prioritising research where initial
analysis suggests gaps in the national legal framework or
where there exist innovative good practices in addressing it.
• Continue to explore the normative framework in respect of
the avoidance of statelessness, in particular in order to identify
where further standard-setting or doctrinal guidance may be
needed, including to support advocacy or litigation efforts.
• Explore thematic issues which have emerged within, but
cut across, different national contexts and require a greater
depth of understanding – including from a longitudinal
perspective and by stimulating further collaboration with
academics. Key thematic issues identified include:
−− The attribution of nationality to children and the (mis)use
of the label “unknown nationality” as a factor in the nonimplementation of safeguards against statelessness;
−− The interaction between birth registration and
acquisition of nationality by birth;
−− The enjoyment of nationality and prevention of
statelessness for children of refugees;
−− The avoidance of statelessness for children in emerging
contexts of nationality contention (e.g. commercial
surrogacy, same-sex partnerships and “baby boxes”).
• Identify any misconceptions, myths or fears surrounding the issue
and conduct research that can help to deflate these. Ensure that
all research is carried out diligently, to build a solid knowledge
base that could also be used, for instance, as evidence in litigation.
• Design and implement research projects in such a way as to
enable these to generate different types and format of product,
for different audiences and purposes, including integrating
storytelling or multimedia components as appropriate.
Improving data on children’s access to nationality and
birth registration, and on the scale and impact of
childhood statelessness
• Encourage relevant government bodies to review and
improve their data collection relating to childhood
statelessness, including through national census exercises
and municipal/population registries. Ensure that such data is
disaggregated, by sex and age in order to be effective.
• Utilise the state party reporting to the Committee on the
Rights of the Child and other human rights bodies, as well
as mechanisms within the EU framework, to promote the
systematic generation of reliable data on children’s access to
nationality and birth registration.
• Facilitate the extraction, analysis and sharing of relevant
data that is captured by civil society, UN and other
organisations in the course of their programmes, including
in particular data generated through paralegal and other
relevant community outreach activities.
• Work with UNICEF, Plan and other child rights organisations to
identify gaps in data on access to birth registration in Europe and
to explore methodologies for addressing those gaps.
Creating the public and political space to more effectively
respond to childhood statelessness through awareness
raising and social mobilisation
• Develop an integrated strategic response that builds on the
growing knowledge base by disseminating it more widely,
including to support effective advocacy on childhood
statelessness and the building of public pressure in support
of political action.
• Recognise and harness the power of (social) media and public
engagement in order to create societal and political pressure
to address childhood statelessness. Tailor messaging to nonexpert audiences and build communications around stories
and facts, not abstract concepts.
• Employ a social media strategy that uses existing research/
data to create bespoke content suitable for social media
audiences, and that includes user-generated components
to maximise societal mobilisation and promote greater and
more sustained engagement.
• Grow partnerships between civil society and UNHCR for
joint awareness raising and social mobilisation around ending
statelessness for children and youth as both a component
of the #ibelong campaign and the ENS/other civil society
campaigns and initiatives.
Mobilising actors at the national level to improve law, policy
and practice around the prevention of childhood statelessness
• Strengthen engagement of and collaboration between relevant
national stakeholders, including government bodies, civil society
organisations, academia, UNHCR, UNICEF, Ombudspersons
for Children, National Human Rights Institutions and journalists.
• Engage and provide technical support to different government
bodies, with a particular focus on (decentralised) authorities
responsible for birth registration, population registration and
nationality procedures, as well as on the judiciary.
• Build stronger engagement in individual casework on childhood
statelessness through the development of legal assistance,
paralegal and strategic litigation projects targeting this issue.
• Create opportunities – such as trainings, conferences
and study visits – for peer-to-peer learning and sharing of
good practices between countries. Integrate statelessness
components within existing training nexuses e.g. relating to
civil registration, refugee law or Roma rights.
• Report systematically to the Committee on the Rights of
the Child, the Council of Europe Commissioner for Human
Rights, National Human Rights Institutions and (Children’s)
Ombudspersons, as well as other human rights mechanisms.
• Participate in the development and implementation, as
appropriate, of National Action Plans adopted under the
auspices of UNHCR’s #ibelong campaign to ensure that
ending childhood statelessness is sufficiently prioritised.
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