10 1 NO CHILD SHOULD BE STATELESS
on registry and health officials to report people without
residence status to immigration authorities, can also prevent
parents from registering their children’s birth.38
Children may routinely be registered as having the same
nationality as their parents without any examination of
whether a parent can actually confer their nationality to the
child, which may hide (a risk of) statelessness among some
children in migration born in Europe (or in transit). In some
cases, only the mother’s details are recorded on the birth
certificate if evidence of the father’s identity or a marriage
certificate is missing, or if the parents are unmarried, which
can be problematic where the mother’s country of nationality
(such as Syria, Iran or Iraq) does not permit women to confer
nationality to their children born abroad. The failure of
authorities to accurately identify and register the nationality
status of parents can mean that States are unaware or do not
accept that a child born on their territory may be stateless.
LACK OF PROVISION FOR CHILDREN BORN EN
ROUTE TO EUROPE
As highlighted above, children born in transit can face
specific barriers to birth registration and documentation,
establishing their identity and acquiring a nationality. Under
international law, children born on a ship or in an aircraft that
is respectively flagged or registered in a State are considered
to have been born in that State’s territory.39 Birth registration
procedures and nationality laws in the relevant State
should therefore apply to the child. However, this prompts
questions as to the nationality status of children born or
found in international waters, on an unregistered vessel
and there is little information available about how States
deal with children born in transit.40 According to available
information, some countries have no provisions to provide
a birth certificate to children born in transit who reach their
country of arrival without one, or existing provisions may
depend on the residence status of the child or their parents,
contravening the principle of non-discrimination.41
LACK OF AWARENESS AND POOR
IDENTIFICATION OF STATELESSNESS
Children in migration often encounter discrimination because
there is no standard procedure in place in Europe to identify
statelessness during nationality screening and registration
procedures on arrival. In any nationality screening procedure,
it is essential that competent authorities are trained and have
the legal and language knowledge necessary to identify and
record nationality status, including where someone indicates
that they are stateless, and where further investigation
is required by a competent authority. Determination of
statelessness should only be conducted through a dedicated
procedure established in law with procedural safeguards
and by specialist officials trained for this purpose. Officials
responsible for identifying and recording nationality status
on arrival often lack awareness about statelessness and who
might be affected, including children. Very little training or
information resources are available to registration officials,
which can lead to misconceptions about nationality status and
statelessness.42 There may not even be an option for officials
to record a person as stateless in registration recording
systems and databases. There is also a lack of awareness
among civil society actors about statelessness and nationality
issues, including among child protection actors.43 Parents may
also not be aware that their child is stateless or at risk.
Where a child’s nationality is recorded as ‘undetermined’
or ‘unknown’, States should have an established and timely
procedure for determining the child’s nationality and
whether they would otherwise be stateless as soon as
possible.44 Some States lack formal procedures altogether
for determining the child’s nationality, whilst others make
determination procedures dependent on the parents’
documentation or residence status or automatically assign
children with their parents’ nationality without verification.45
These practices heighten the risk of children born in Europe
or en route being unable to acquire or have their nationality
confirmed for long periods of time, which can impact on
subsequent treatment and perceived credibility in the status
determination process, as well as in other procedures
such as family reunification, resettlement, integration, or
naturalisation.