Preventing Statelessness Among Migrants and Refugees 26 Policy Implications Our research confirmed suspicions that, despite the high reported rates for birth registration in both countries, there are significant obstacles to birth registration for migrants and refugees in both countries, and systems for child protection are inexistent or do not adequately consider questions of legal identity. Expectations about the difficulty of accessing consular assistance were even more definitively fulfilled. The findings of our research suggest the following efforts to help those who are refugees or migrants in irregular status through the procedural mazes that block the preservation and establishment of legal identity and nationality. These are needed in addition to the reforms to nationality law in host and sending countries necessary to protect against statelessness, including removal of gender discrimination, and protections for foundlings and children who cannot acquire the nationality of one of their parents. 1. Simplify birth registration, above all by removing requirements for parents to show legal status in the country and a legal marriage The requirements for registration of the births of children of foreign parents should be simplified and de-linked from the legality of both the immigration and marital status of the parents. Further efforts should be made to reduce discrimination against women in the registration of children, both in law and practice, especially in Egypt. Late registration should be facilitated in case of children of foreign parents, and the deadlines extended. Expired passports or identity cards should be accepted as proof of identity, and guidance established to enable births to be registered if parents lack any official identity documents. 2. Reduce the obstacles to registration of births and issue of documents by consular authorities Consular procedures need to make allowance for the requirements of civil registration in the host country, establish systems to issue the documents required or an agreed equivalent, and provide the possibility of registration of children of nationals with the consulate even if their births were not registered in the country of birth. Consular fees should be set at levels or provide for exemptions that place the issue or renewal of documents within reach for the poor. Neither UNHCR nor host countries should consider that the decision to approach consular authorities to obtain civil registration or other identity documents required to fulfil civil registration requirements in the host country amounts to a decision by that person to ‘re-avail’ him or herself of the protection of that country, triggering loss of refugee status. 3. Child protection systems Unaccompanied and separated children, whose parents are known but who but have no documentary proof of that link, need late birth registration (if they were born in the country of residence) or alternative documents that record the same facts in relation to their identity, so far as they are known, and provide them with a legal residence status and a route to establish their nationality, as well as to legalise a relationship with those who have taken up the role of guardian.

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