Good practices in nationality laws for the prevention of childhood statelessness
V. GOOD PRACTICES IN NATIONALITY LAWS
FOR THE PREVENTION OF CHILDHOOD
STATELESSNESS
Safeguards against childhood statelessness
When stateless children are protected and/or granted a nationality, their lives can
dramatically improve. As Linda, who was stateless from birth, said of being granted
citizenship and being able to work, travel and do many other things:
“It was a very emotional moment … I felt that now I definitely exist.” 52
Nationality laws can protect children from being stateless at birth or later in childhood.
The most effective safeguard to prevent childhood statelessness is one which grants
the nationality of the country of birth to all children born on the territory. This jus soli type
of law is common in the Americas, including in Canada. Another effective measure is a
law which grants the nationality of the country of birth to all children born on the territory
who would otherwise be stateless.
OSCE participating States should apply the definition of a stateless person set out in
the 1954 Convention, and laws to prevent childhood statelessness should fulfil all the
requirements of the 1961 Convention. The wording of laws should follow the wording of the
1961 Convention. There should be no requirements for acquisition of nationality beyond
the permissible conditions set out in the 1961 Convention.53 OSCE participating States
should also comply with other applicable international human rights law and standards
and the decisions of UN treaty bodies. They should adhere in particular to UNHCR’s
Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness.54 States
should not impose lawful residence or status requirements for the parents in order for
52
53
54
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Quote by Linda, a previously stateless person, after gaining Russian citizenship; see Dinara Galakhova, “It
was a very emotional moment … I felt that now I definitely exist”, UNHCR news story, 18 November 2020.
UNHCR, Guidelines on Statelessness No. 4.
Convention on the Reduction of Statelessness, United Nations, General Assembly Resolution 896 (IX),
adopted 30 August 1961, paras. 19-26.