recognition of their parents as stateless, children born to stateless persons in Ireland will not
be adequately protected against childhood statelessness and – due to the evidentiary burden
– will not be able to benefit from Section 6(3) of the Irish Nationality and Citizenship Act 1956
which provides that “a person born in the island of Ireland is an Irish citizen from birth if he or
she is not entitled to the citizenship of any other country”.
36. Ireland’s current lack of implementing legislation and administrative procedures fails to
provide protection against childhood statelessness in line with the State’s obligations under
Article 7 of the Convention on the Rights of the Child, which guarantees the right to acquire
a nationality. For example, where a mother – due to gender discriminatory nationality laws of
her own country of nationality – is unable to pass on her nationality to her children and the
father is unknown, uncontactable or unable to transmit his nationality, the child will not be
able benefit from the provisions of Section 6(3) of the Irish Nationality and Citizenship Act
1956. This can also arise where the parents’ nationality is unknown or undetermined.
Recommendations
37. Based on our collective and continuous research, advocacy and engagement on the issue of
statelessness in the world, Europe and Ireland, and in particular, in relation to the points made
in this submission, the following recommendations are made to Ireland. The ICI, ENS and
Institute remain available to provide technical assistance to Ireland in relation to any of these
recommendations.
38. While the Human Rights Council has stated that “(t)he second and subsequent cycles of the
review should focus on, inter alia, the implementation of the accepted recommendations and
the developments of the human rights situation in the State under review”,xx in light of the fact
that statelessness was not focused on under the first cycle and Ireland did not fully accept all
recommendations that related to the rights of stateless persons, these recommendations
build on the previous recommendations to Ireland but also introduce new recommendations
in response to the situation:
I.
Fully promote, respect, protect and fulfil its obligations towards stateless persons and to
protect against statelessness under international human rights law.
II.
Fully incorporate into national law and implement the Convention on the Rights of the
Child, the 1954 Convention Relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness. In particular, fully implement Article 7 of
the CRC and Article 1(1) of the 1961 Convention and the provisions of the 1954
Convention in relation to:
a. juridical status
b. gainful employment
c. welfare and administrative assistance
d. provisions concerning naturalisation
e. protection from expulsion
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