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 11

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