6. This submission focuses on children’s right to a nationality, identification of stateless persons, detention of stateless persons and those at risk of statelessness and protection of stateless refugees in the Netherlands. It draws on experience with research, advocacy, litigation, awareness raising and direct support by the co-submitting organisations and their partners, performed both in the Netherlands and internationally. Among other resources, it draws extensively on an ASKV and ENS report and related publications entitled “Protecting Stateless Persons from Arbitrary Detention in the Netherlands”.5 The Universal Periodic Review of the Netherlands under the First and Second Cycle (2008, 2012) 7. The Netherlands were first subjected to the UPR on 15 April 2008, at Session 1 of the First Cycle, and subsequently on 31 May 2012, at Session 13 of the Second Cycle of the UPR. Despite various ongoing concerns regarding the right to a nationality and the human rights of stateless persons in the Netherlands, it did not receive recommendations that directly related to statelessness or the right to a nationality in either of these sessions. Various recommendations were however made during the Netherlands’ second review, including on the topics of addressing arbitrary detention, implementing alternatives for detention of undocumented immigrants and ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. These recommendations and the response of the Netherlands are set out below: Recommendation 98.112. “Due to the criminalization of irregular residency in the country, design alternatives for the detention of irregular or undocumented immigrants” – by Brazil 98.108. “Introduce measures to reduce detention of individuals solely for immigration purposes and consider other alternatives than detention to use when possible” – by Sweden 98.2. “Consider ratifying the ICRMW” – by Mexico Response This recommendation was ‘noted’ by the Netherlands. This recommendation was ‘accepted’ by the Netherlands This recommendation was ‘rejected’ by the Netherlands The international obligations of the Netherlands 8. The Netherlands has ratified nearly all core international and regional human rights treaties. Stateless persons benefit from the general application of international human rights standards found in these core treaties, including non-discrimination, adequate standard of living and equality before the law.6 5 To access the report and related documents, visit http://www.statelessness.eu/resources/protecting-statelesspersons-arbitrary-detention-netherlands. 6 There are a few exceptions under international human rights in which stateless persons are restricted, such as in the right to vote or to be elected to political office.

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