II. III. At least one of the parents of the stateless child should not be able to resolve the statelessness of the child through his or her own actions, e.g. by reporting the child’s birth to the country of origin’s embassy so the child may acquire its nationality; and The residence of the child should be stable: the parents should not have obstructed their departure or evaded supervision by the Immigration and Naturalisation Service (IND), the Repatriation and Departure Service, the Central Agency for the Reception of Asylum Seekers or the Aliens Police (Vreemdelingenpolitie) in the context of any obligation to report to the relevant authorities. 19. The Committee on the Rights of the Child, UNHCR and academic experts have already pointed out that (some of) these conditions are problematic in light of the Netherlands’ obligations under international human rights law.21 Most notably, in its most recent review of the Netherlands, the Committee on the Rights of the Child: “recommends that the State party ensure that all stateless children born in its territory, irrespective of residency status, have access to citizenship without any conditions. In particular, it recommends the State party not to adopt the proposed requirement of parents’ cooperation with the authorities.”22 The third condition is thus particularly problematic as it does not comply with the CRC, the 1961 Convention or the ECN. Article 2(2) of the CRC says that States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members. The third condition of the proposed amendment however solely concerns the actions or inactions of the parent(s) or guardians of the child. Therefore, children could be discriminated against or punished by being denied the right to acquire Dutch nationality, based on whether their parents cooperate with the authorities. This is in contravention of the principles of nondiscrimination and the best interests of the child.23 20. This condition also undermines the right to private life protected under the ECHR. According to the European Court of Human Rights, when laws which are aimed to penalise parents, also “affect the children themselves, whose right to respect for private life […] is substantially affected. Accordingly, a Convention on the Reduction of Statelessness (21 December 2012) HCR/GS/12/04, para 41; UNHCR, UNHCR's legal observations regarding the Proposal to amend the Nationality Act - Conditions to grant stateless children born in the Netherlands the right to apply for Dutch nationality (30 January 2015) available online at http://www.refworld.org/docid/5617c2c74.html. 21 CRC Concluding Obligations on the fourth periodic report of the Netherlands (8 June 2015) CRC/C/NDL/CO/4; UNHCR, UNHCR's legal observations regarding the Proposal to amend the Nationality Act - Conditions to grant stateless children born in the Netherlands the right to apply for Dutch nationality (30 January 2015) available online at http://www.refworld.org/docid/5617c2c74.html; Katja Swider & Caia Vlieks, Voorgestelde nieuwe optie voor Nederlanderschap. Discriminatie van staatloze kinderen zonder wettig verblijf [Proposed new option for acquisition of Dutch nationality. Discrimination of stateless children without legal residence] (2016) 4 Asiel & Migrantenrecht [Asylum & Migration Law] 168. 22 CRC Concluding Obligations on the fourth periodic report of the Netherlands (8 June 2015) CRC/C/NDL/CO/4, para 33. 23 Convention on the Rights of the Child, Article 3(1).