Addressing Statelessness through the Hungarian Citizenship Act the UDHR24 and the prohibition of retroactive effect. 25 Similar to the previous citizenship legislation, the Hungarian Citizenship Act stipulates that citizenship can be acquired through descent26 in accordance with the relevant provisions of Act V of 2013 on the Civil Code. 27 Thus, the jus sanguinis principle still applies in relation to the acquisition of citizenship, which takes into account the traditions of Hungarian citizenship law. It is important to point out that the citizenship law in force reflects the 1961 Convention, the latter of which was brought into Hungarian domestic law by Act XV of 2009 on the Promulgation of the Convention on the Reduction of Statelessness Adopted in New York on August 30, 1961,28 according to which no distinction is made between adoption and a biological relationship with regard to the child and parent.29 This account has shown the steps undertaken in the history of Hungarian citizenship legislation and the current legislative framework to reduce statelessness. In the following section, I will examine how the prevention of statelessness is realised in the Hungarian Citizenship Act, focusing on the acquisition of citizenship by birth, naturalisation, renunciation, revocation and restoration of citizenship. Moreover, I will propose a de lege ferenda (what the law ought to be) amendment to ensure that the 1961 Convention can be properly executed. B Acquisition of Citizenship by Birth In relation to childhood statelessness, the Hungarian Citizenship Act also regulates the acquisition of Hungarian citizenship in accordance with international human rights law, thus taking into account the 1961 Convention and the Convention on the Rights of the Child.30 Accordingly, both children born in Hungary to stateless parents residing in the country and foundlings must be considered Hungarian citizens until proven otherwise.31 With this provision the Hungarian Citizenship Act brought something new in the history of Hungarian citizenship legislation, mentioning the children of stateless persons for the first time in the context of acquisition of citizenship. These provisions seem to indicate that Hungary is committed — at least partially — to reducing and eliminating cases of childhood statelessness, given that in the already mentioned legislation, the acquisition of Hungarian citizenship is ensured based on the application of the territorial principle, ie, the jus soli principle. 24 25 26 27 28 29 30 31 See Hungarian Citizenship Act (n 3) art 1(2). The prohibition of restricting the change of citizenship also expresses the respect for the individual’s free will regarding the change of citizenship, and also includes the right to retain citizenship: Judit Tóth, ‘Principles and Practice of Nationality Law in Hungary’ (2005) 8 Regio: Kisebbség Kultúra Politika Társadalom [Regio: Minorities, Culture and Politics] 21, 32. Blanka Ujvári, ‘The Relationship Between the Right to Citizenship and Statelessness in Hungary’ (2021) 17(1) Iustum Aequum Salutare 287, 294. Hungarian Citizenship Act (n 3) art 3(1) (Hungary). Act V of 2013 on the Civil Code, s 4, s 132(1) (Hungary). Act XV of 2009 on the Promulgation of the Convention on the Reduction of Statelessness adopted in New York on August 30, 1961 (Hungary). In art 3(1) of the Hungarian Citizenship Act, as a general rule, the provisions of the Civil Code on descent and paternal and maternal status apply to the determination of the acquisition of nationality at birth. The Hungarian Civil Code does not distinguish between adopted children and children by blood, so there is no distinction regarding the nationality of these children: Act V of 2013 on the Civil Code (n 27) s 4, s 132(1). United Nations Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) arts 7, 8. Hungarian Citizenship Act (n 3) art 3(3)(a). 205