ENSURING THE RIGHT TO A NATIONALITY FOR CHILDREN IN MIGRATION IN EUROPE 1 9 BARRIERS TO ADDRESSING STATELESSNESS AMONG CHILDREN IN MIGRATION Having looked at which children in migration are particularly affected by (the risk of) statelessness and why, this section now sets out in more detail the legal and practical barriers faced by these children in Europe to realising their right to a nationality. LACK OF LEGAL SAFEGUARDS TO PREVENT CHILDHOOD STATELESSNESS International law requires that states establish legal safeguards in their nationality laws that enable children to acquire a nationality where they would otherwise be stateless, including children born either on the territory or to nationals abroad, foundlings and adopted children.29 However, only around half of European States have full safeguards in place, and even where safeguards do exist, these can only be implemented in practice if the child’s statelessness is identified. In some countries, problems arise because the safeguard requires the child or a parent to have residence status. This contravenes States’ obligations under the 1961 Convention to ensure that children acquire a nationality in situations where they would otherwise be stateless,30 as well as the principles of non-discrimination and the best interests of the child.31 Provisions are not always automatic, instead requiring an application procedure, which may create barriers to the child acquiring nationality. Unaccompanied children may face particular barriers where specialist support and information is not provided to inform them of their rights and ensure they can acquire a nationality. In some cases, provisions covering foundlings are applied to unaccompanied children found on the territory, but this can be limited to very young children or infants, meaning that older children are left at risk of growing up without a nationality.32 Officials and parents are often unaware of existing legal safeguards, or they are poorly implemented and so opportunities to prevent childhood statelessness may be missed. BARRIERS TO BIRTH REGISTRATION Birth registration involves the State making an official recording of the child’s birth.33 In most cases, it results in the issuance of a birth certificate and provides an official record of the child’s existence, including their name, date and place of birth, as well as details of the parents. These are key aspects of identity and can be critical to establishing the child’s nationality. Not having a birth registered or proof of registration can contribute to difficulties establishing these links, and consequently expose children to the risk of statelessness.34 Barriers to the registration and documentation of birth exist in Europe for children in migration.35 There is no standardised procedure nor regional harmonisation of birth registration. The evidence required to register a birth and the legal document given to parents as proof of birth registration vary within and across different European States. In the case of children in migration, it can be very difficult for parents to meet the evidential requirements for birth registration.36 For example, they might not have proof of the exact time and place of birth if the child was born in transit, or they may not have proof of their own identities if they are stateless, undocumented or do not have key documents in their possession. In some countries, births to refugees and migrants who cannot meet evidentiary or residence requirements are not being included in the ordinary civil registry; or refugee and migrant parents are given extracts from the registry or alternative documents that do not have the same legal effect as a birth certificate.37 For example, in some parts of Germany, children born to refugee parents receive a ‘provisional certificate’ indicating that the occurrence of the child’s birth was communicated but not registered. This does not have the same value as a birth certificate and can prevent access to different social security entitlements, and preventative healthcare. Punitive fines and complicated court procedures for late birth registration and a legal duty