outlined in UNHCR’s Handbook on Protection of Stateless Persons, including
guaranteed access to the procedure regardless of status in the country, protection
during the procedure, a shared burden of proof and ensuring rights and
protection in line with the Convention are granted to all those recognised as
stateless under the procedure.
II.
Issue administrative guidance for decision makers to protect every child’s right to
a nationality by ensuring that existing provisions in the Citizenship Law providing
for automatic acquisition of Italian nationality at birth by children born on the
territory to stateless or unknown parents, or parents who cannot pass on their
nationality, are correctly and flexibly implemented in practice.
III.
Take further steps to protect stateless people from arbitrary detention by
introducing a clear referral mechanism to the statelessness determination
procedure from return procedures; embedding consideration of statelessness as
a juridically relevant fact in all decisions to detain; introducing a requirement in
law to identify a country of removal prior to detention; considering and
implementing alternatives to detention before deciding to detain; and providing
documentation and temporary residence status to protect people from redetention.
IV.
Implement concrete measures to regularise the legal status of Romani people at
risk of statelessness in Italy and guarantee the child’s right to a nationality and
legal identity, including through legal outreach and engagement initiatives and
proactive information campaigns in consultation with community
representatives.
V.
Amend Law 132/2018 providing for new measures to revoke citizenship, to
eradicate discrimination between citizens by birth and naturalised citizens,
prohibit the arbitrary deprivation of nationality and ensure the avoidance of
statelessness.
VI.
Accede to the 1997 European Convention on Nationality and the 2006 Convention
on the Avoidance of Statelessness in Relation to State Succession.
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