Immigrant Council of Ireland, European Network on Statelessness and Institute on Statelessness and Inclusion Joint Submission to the Human Rights Council at the 25th Session of the Universal Periodic Review Ireland Introduction 1. With this joint submission to the 25th Session of the Universal Periodic Review (UPR) Working Group, which focusses specifically on the issue of statelessness and the human rights protection of stateless persons in Ireland, the Immigrant Council of Ireland, the Institute on Statelessness and Inclusion and the European Network on Statelessness set out what we consider to be ongoing challenges and short-comings related to Ireland’s compliance with international human rights standards and the 1954 Convention relating to the Status of Stateless Personsi and the 1961 Convention on the Reduction of Statelessness.ii 2. Although Ireland has long been a party to the UN conventions on statelessness and has general human rights obligations to prevent statelessness and to protect stateless persons, Ireland has not enacted any specific legislative or administrative measures to address the issue of statelessness, including the specific issue of childhood statelessness, and there is no formal determination procedure for statelessness in the country. 3. In addition, since 2004, the constitutional right of persons born in Ireland to Irish citizenship has been limited to persons who, at the time of their birth, had at least one parent who was an Irish citizen or entitled to be an Irish citizen.iii However, the Irish Nationality and Citizenship Act 1956 provides that a person born in Ireland is an Irish citizen from birth “if he or she is not entitled to citizenship of any other country”; in addition, the 1956 Act gives the Minister for Justice the power to dispense with the conditions for naturalisation in certain cases, including cases involving stateless persons. While theoretically the 1956 Act provides a safeguard for stateless children born in Ireland, the lack of a distinct regime governing statelessness can pose problems when the stateless status of their parents cannot be established and also in the case of other stateless children within the jurisdiction who were not born in Ireland. 4. The Immigrant Council of Ireland – Independent Law Centre (ICI) is the leading voice in securing improved rights and protections in the area of immigration, citizenship and antiracism in Ireland. It offers support, advice and information, while also achieving positive change through strategic legal action and engagement with lawmakers to make immigration laws fit for purpose. Access to justice is the cornerstone of all of the Council’s work. It is committed to supporting individuals and families often at a vulnerable stage in their life, including victims of human trafficking and stateless persons. The Council works in coalition with like-minded individuals, organisations, stakeholders and investors to deliver genuine change at both a national and European level. The ICI has contributed to a number of reports 2

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