14. In light of international standards on the right of every child to acquire a nationality, without discrimination,15 and previous recommendations made the Committee,16 the acquisition of nationality by stateless children born in the territory of a state should not be contingent on the nationality, legal status or duration of residence status of the parents. It is suggested that the Committee raise the question why certain categories of otherwise stateless children continue to be excluded from the acquisition of Estonian nationality. 15. When the new law comes into force on 1 January 2016, its retroactive application will be limited to children under the age of 15. All persons older and born on the territory, including stateless children aged between 15 and 18 years, will remain excluded from acquiring nationality. Consequently not all 936 children born in Estonia who currently are stateless will benefit. It is furthermore unclear whether the retroactive application will be automatic as of 1 January 2016 or if it requires children to follow a procedure. 16. It is suggested that the Committee raise the question of whether the retroactive application of the law will be automatic and what measures will be taken to ensure its effective implementation so as to provide a remedy for children who are currently stateless - in light of General Comment No. 5 on the general measures of implementation of the Convention on the Rights of the Child and as well as concerns regarding the dissemination of previous information on naturalisation. It is also suggested that the Committee inquire about how many children (and adults) will fall outside the age-related scope of the new law and what further measures the government is planning to provide a remedy for them. 17. In accordance with the new law, the children of stateless parents will continue to acquire “citizenship by naturalisation” which appears to be a distinct category of citizenship under the Estonian Citizenship Act. Children of Estonian nationals receive “citizenship by birth”. According to the state party’s report, “no one may be deprived of Estonian citizenship acquired by birth”, while citizenship by naturalisation may be deprived on a number of grounds.17 18. With a view to ensuring the avoidance of discrimination between the nationals of a state, it is suggested that the Committee raise the question what are the exact differences in rights and duties attached to these different categories of citizenship as well as whether the Government will reconsider the granting of an apparently more precarious form of citizenship to stateless children born on the territory. 19. The possibility for parents to “opt-out” of Estonian nationality on behalf of their children within the first year of the child’s life may continue to cause statelessness based on the parents’ views on citizenship. 20. Given the principle of non-discrimination enshrined in article 2 (including article 2, paragraph 3) of the Convention on the Rights of the Child, and the principle of the best interests of the child, it is suggested that the Committee ask whether and how the state will protect the child from the consequences of statelessness in situations where the parent decides to opt out. 15 Including Human Rights Committee, General Comment 17: Article 24 (Rights of the Child), 7 April 1989. Including CRC/C/CZE/CO/3-4, 4 August 2011; CRC/C/TKM/CO/2-4, January 2015; 17 Above n8, pp. 44-45. 16 4