CHAPTER I
CHAPTER II
Access to free, independent, confidential, expert legal advice and interpretation
as needed
Effective training for decision-makers in all relevant agencies
Effective monitoring of decision-making
CHAPTER III
Effective, accessible remedies against refusal of birth registration or nationality
applications
CHAPTER IV
Content of nationality laws and policies to comply with the
1954 and 1961 Conventions
UNHCR’s Guidelines on Statelessness, Number 4 provide essential guidance
on how the 1961 Convention should be interpreted and implemented by Parties,
including, but not limited to:
3.
Children have the right to acquire a nationality at birth or as soon as possible
thereafter. (Para. 11)
4.
States should not classify children as being of ‘undetermined nationality’ for
prolonged periods; they should determine the child’s nationality as soon as
possible, and within a maximum period of five years. (Para. 22)
5.
States that grant their nationality automatically at birth to children who would
otherwise be stateless are to treat children of undetermined nationality as
having that State’s nationality unless it is proven that the child has another
nationality. (Para. 23)
6.
If a State requires registration in order for a child who would otherwise be
stateless to acquire the nationality of that State, the State may impose only
the four conditions set out in the 1961 Convention, which include:
RECOMMENDATIONS
States must define statelessness in line with the 1954 Convention definition,
which is widely acknowledged to have become customary international law.
(Para. 16)
CHAPTER VII
2.
CHAPTER VI
The 1961 Convention should be interpreted in a way that complies with other
relevant international law. (Paras. 6-12, 34, 35)
CHAPTER V
1.
a fixed period for lodging an application immediately following the age of
majority (Article 1(2)(a));
habitual residence in the Contracting State for a fixed period, not exceeding
five years immediately preceding an application nor ten years in all (Article
1(2)(b));
ANNEXES
29