Good practices in nationality laws for the prevention of childhood statelessness
[limited] restrictions on criminal history (Article 1(2)(c)); and
the condition that an individual has always been stateless (Article 1(2)(d)).
7.
The Guidelines confirm that “Imposition of any other conditions would violate
the terms of the 1961 Convention” and, in particular, that it is not permissible
to require that the child’s parents are lawfully present or resident in the State,
nor to provide only a discretionary option for an otherwise stateless child to
acquire the nationality of their State of birth. (Paras. 36-37). The conditions
permitted by the 1961 Convention do not include payment of a fee. (Para. 54)
8.
States must accept that a person is not a national of a particular State if
the authorities of that State refuse to recognize that person as a national,
explicitly or by failing to respond to enquiries. (Para. 19) A good practice in
relation to this requirement (which exists in Portugal) is the application of a
legal presumption of non-nationality if the authorities of another country do
not respond to nationality enquiries within three months.
9.
States have an obligation to provide detailed information about how the child
can acquire nationality to the parents of children born on their territory who will
be stateless if not granted that State’s nationality. General information available
to the public is not sufficient. (Paras. 53-54)
10. Birth registration is vital for all children and is mandatory in States Parties to
the CRC. (Para. 55)
11. States are obligated to grant their nationality to children found abandoned on
their territory (foundlings). The Convention does not specify an age limit for a
child to be considered a foundling. At a minimum, children who are unable to
communicate about their identity or origin should be considered foundlings.
(Paras. 57-60)
12. Children who have no legally recognized parent must be considered foundlings
and granted the nationality of the State of their birth. (Para. 61)
13. Children born on ships or aircraft of any kind are entitled to the nationality of
the State Party in which the ship or aircraft is registered. (Paras. 62-63)
States should also have regard to UNHCR’s Guidelines on Statelessness No. 5:
Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention
on the Reduction of Statelessness.59 These Guidelines emphasize that the 1961
Convention prohibits deprivation of nationality that results in statelessness (except
in certain very limited circumstances) and that all States (not just Parties to the
59
30
Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961
Convention on the Reduction of Statelessness, UNHCR, May 2020.