12 1 NO CHILD SHOULD BE STATELESS
KEY ACTIONS
This paper has identified some of the different groups of children
affected by statelessness and the key barriers to preventing and
reducing statelessness among children in migration in Europe.
Statelessness is a solvable problem. There are key actions that States
and regional institutions can take to address childhood statelessness
and ensure that all children in Europe realise their right to a nationality,
regardless of their migration status or that of their parents.
1
INTRODUCE, IMPROVE
AND IMPLEMENT
SAFEGUARDS TO
PREVENT CHILDHOOD
STATELESSNESS
STATES should introduce safeguards in their nationality laws (in line with the
1961 Convention and the European Convention on Nationality) to ensure
that any child who would otherwise be stateless can acquire a nationality,
including those born on the territory, born to nationals abroad, foundlings and
adopted children. 57 Provisions should cover all children who would otherwise
be stateless, regardless of the residence status of the child or their parents,
they should be accessible to children in detention or in care, and should ideally
be automatic so that no additional procedure nor action on the part of the
parents or a representative are required.
THE COUNCIL OF EUROPE should promote the accession of all
Member States to the 1997 European Convention on Nationality and the
comprehensive implementation in national law and practice of Convention
standards, including through the identification of good practice and facilitation
of awareness-raising and information exchange among parliamentarians and
policy-makers.
THE EUROPEAN UNION should implement the pledge it made in 2012 for
all EU Members States yet to accede to the 1961 Convention to explore doing
so, and periodically report on progress towards this goal. Attention should be
increased on the causes and impact of – as well as solutions to - childhood
statelessness in Europe across all relevant EU institutions and policy areas,
including Child Rights, Roma Inclusion, Migration and Asylum, and the External
Action Service.