special circumstances and a solemn declaration provided instead (e.g. in the case of
refugees/asylum-seekers). All children, regardless of legal status or nationality will be
issued with a Czech birth certificate by the Birth Registry within 30 days of notification
of the birth. The child's nationality is not recorded in the birth registry nor on the birth
certificate, but the parents' nationality is recorded. The child's nationality will be
determined when they apply for a Czech passport, identity document or visa. The
parents of a child who does not acquire Czech nationality at birth should apply for a visa
on their behalf within 60 days at which point the Czech authorities will determine the
child's nationality. If there is any doubt about the child acquiring Czech nationality at
birth, parents must apply for a Certificate of Czech Citizenship at the local birth registry
in the place of birth.62
44. There has been no recent proactive action or campaigns by the Czech authorities to
reduce statelessness or promote birth registration among high-risk groups.
Issue 4 – The protection of stateless people and people at risk
of statelessness fleeing the war in Ukraine
45. Stateless people and people at risk of statelessness from Ukraine who fled the war for
the Czech Republic may face barriers to accessing protection.63 The European Union has
adopted the Council Decision64 implementing the Temporary Protection Directive65 to
grant temporary protection to eligible displaced people from Ukraine. However, there
are significant protection gaps for stateless people and people at risk of statelessness.
UNHCR has recommended that European States take an inclusive approach and grant
temporary protection to stateless people, including those who did not have permanent
residence status in Ukraine.66 To prevent discrimination, avoid over-burdening asylum
procedures, and facilitate eventual safe return to Ukraine, it is imperative that national
authorities grant protection, including temporary protection, to all people fleeing the
war in Ukraine.67
46. The Czech Republic has implemented the EU Temporary Protection Directive and
Council Decision. Stateless people eligible to apply for temporary protection in the
Czech Republic are beneficiaries of international protection or equivalent national
protection in Ukraine, which includes statelessness status in Ukraine, and their family
members, and those with a valid permanent residence permit in Ukraine who cannot
return to their country of origin or former habitual residence. However, the Czech
Republic has not extended protection to stateless persons and nationals of third
countries other than Ukraine, who had temporary residence in Ukraine and who are
unable to return in safe and durable conditions to their country or region of origin.
Stateless people and those at risk of statelessness whose nationality is ‘undetermined’,
who cannot prove their links to Ukraine (or any other country) through a national ID,
62
Act on Birth registry (zákon o matrikách) no. 301/2000 Sb. (CZE); Ministry of the Interior, Acquisition of Czech citizenship
(CZE); Czech Citizenship Act.
63 See ENS Country briefing on the Czech Republic, Information for stateless people and those at risk of statelessness fleeing
Ukraine (May 2022), available at https://www.statelessness.eu/statelessness-ukraine-crisis.
64 Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced
persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having effect of introducing temporary
protection.
65 Council directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass
influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons
and bearing the consequences thereof.
66 UNHCR, News Comment: UNHCR welcomes EU decision to offer Temporary Protection to Refugees fleeing Ukraine (March
2022)
67
ENS, Briefing no 3: Protection gaps for stateless refugees from Ukraine (June 2022)
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