14 1 NO CHILD SHOULD BE STATELESS
4
IMPROVE
IDENTIFICATION
AND RECORDING OF
STATELESSNESS
STATES, WORKING TOGETHER WITH RELEVANT EU AGENCIES, should
improve and standardise procedures for identifying and recording statelessness
and nationality problems during registration procedures for refugees and
migrants on arrival, and throughout migration and international protection
procedures. The administrative category of ‘unknown nationality’ should be
clearly defined, and States should have an established and timely procedure
for determining the child’s nationality and whether they would otherwise be
stateless, with the child able to acquire a nationality as early as possible.64
THE EUROPEAN UNION should prioritise the accurate identification and
recording of statelessness and nationality status in the implementation of
the Eurodac Regulation and any work towards establishing common EU
registration procedures.
5
INTRODUCE DEDICATED,
CHILD RIGHTSBASED STATELESSNESS
DETERMINATION
PROCEDURES, AND
ENSURE APPROPRIATE
REFERRAL
STATES should introduce dedicated child rights-based statelessness
determination procedures and stateless protection status in line with the
1954 Convention on the Status of Stateless Persons and UNHCR guidance,
to allow them to identify and protect stateless children on their territory
until they acquire nationality (as soon as possible). Where indications that a
child (or their parents) may be stateless arise in migration or international
protection procedures, a referral should be made at an appropriate point in
proceedings to a procedure to determine their statelessness. The child and/or
their guardian should be provided with information and quality legal assistance
throughout relevant procedures.
Where statelessness determination procedures already exist, these should be
adapted to be child-rights based, taking into consideration the best interests
of the child. Procedural and evidentiary safeguards should be put in place
including timelines, ensuring that the child is able to acquire a nationality as
soon as possible.65 Principles of non-discrimination (including with regard to
the residence status of the child or the parents), shared burden of proof and
child-sensitive procedures should be implemented, including through the
provision of quality legal assistance, as well as a guardian for unaccompanied
children.66 Making sure affected children can share their views in procedures
and decision-making is an important part of ensuring decisions are made in
the best interests of the child and in line with international law establishing the
child’s right to be heard. The relevant safeguards for ensuring effective child
participation should be followed in any procedure.67
THE COUNCIL OF EUROPE should implement the pledge it made at
UNHCR’s High Level Segment on Statelessness in Geneva in October 2019 to
support activities for its 47 Member States aimed at introducing or improving
the functioning of statelessness determination procedures. This should include
the implementation of future activities by the European Committee on Legal
Co-operation (CDCJ) initiative on statelessness, as outlined in its adopted
report,68 allowing governments to share experiences and good practices in
improving procedures for determining and resolving statelessness, promoting
the need for such procedures to be child rights-based.69
THE EUROPEAN UNION should, including through the European Migration
Network Statelessness Platform, support activities aimed at introducing or
improving statelessness determination procedures. This should include sharing
information and good practices on child rights-based procedures, and how
referral mechanisms between international protection and statelessness
determination procedures should operate, building the capacity of its Members
States to better meet their international obligations under the 1954 Convention.