24. This reflects a broader problem, particularly that the issue of childhood statelessness remains
largely overlooked and under-addressed, not only by States, but even within the UN system,
despite being a root cause and one of the most vulnerable groups to childhood trafficking.
Stronger and systematic engagement are urgently needed to ensure that statelessness prevention
becomes a central component of child protection and anti-trafficking efforts worldwide.
25. That being said, the existence of legal safeguards to prevent childhood statelessness is, by itself,
insufficient. In several States, existing safeguards to grant nationality to otherwise stateless
children are discretionary, procedurally inaccessible, or inconsistently applied. In addition, States
often attach conditions to acquiring or accessing nationality that amount to discrimination,
effectively undermining core guiding principles of non-discrimination and the best interests of the
child.
26. Where safeguards are not automatic, are dependent on administrative discretion, or lack clear
procedures and oversight, they fail to interrupt the transmission of statelessness from parent to
child. States are required to assess a child’s nationality as soon as possible to identify statelessness
and resolve it within a reasonable timeframe to avoid leaving the child with an unknown
nationality, which can have serious consequences on their wellbeing. Ensuring that safeguards
are effectively implemented through clear procedures, accessible documentation requirements,
trained decision-makers, and monitoring of outcomes is therefore essential to fulfilling States’
obligations under Article 7 of the Convention on the Rights of the Child 7 and anti-trafficking
responses.
II.
Protection: Identification and durable solutions
7 Art 7 (1) CRC: The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a
nationality and. as far as possible, the right to know and be cared for by his or her parents; Art 7 (2) CRC: States Parties shall ensure the
implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this
field, in particular where the child would otherwise be stateless.
7