the civil registry office in Toledo, despite the mother’s insecure residence status at the time.
In three cases in Albania, although court procedures were required to resolve issues with
parents and/or children’s lack of documentation, the children were successfully registered,
and their Albanian nationality confirmed.
5.2 Lack of adequate mechanisms to identify and determine statelessness
In many of the cases included in the research across the different countries, the lack of
mechanisms or capacity to identify statelessness (risks) and lack of adequate procedures to
determine statelessness were key factors contributing to children’s (prolonged) statelessness.
All research countries are party to the 1954 Convention relating to the Status of Stateless
Persons and other relevant human rights instruments, which require them to grant adequate
protection and rights to stateless people on their territory.21 To do so, they must have
mechanisms in place to identify who is stateless on their territory, and should put in place
dedicated statelessness determination procedures (SDP) that are fair, efficient, and easily
accessible, in line with UNHCR guidelines.22
In many cases included in the research, the (risks of) statelessness of children and families
was missed by authorities at all levels. Civil registry officials in Bulgaria failed to identify that
a child born in Bulgaria to an Iraqi mother was born stateless due to that country’s gender
discriminatory nationality laws. In another case, they attributed a nationality to a child on his
birth certificate without verifying whether the child had in fact acquired that nationality from
his parent. In several cases in the research, children and families of Palestinian origin were
formally identified and registered by asylum authorities as having the nationality of
‘Palestine’, masking their potential statelessness and protection needs under the 1954
Convention. In one case in the Czech Republic, the court failed to consider a child’s
statelessness despite its relevance to the case. In other cases, the identification and
resolution of the risk of statelessness was hampered by the failure of consular authorities to
respond to requests for information about their potential nationals.
Three of the five participating countries have operational SDPs.23 The Czech Republic
provides for statelessness to be identified and determined through other administrative
21
ENS (2021) Statelessness determination and protection in Europe: good practice, challenges, and risks:
https://www.statelessness.eu/updates/publications/statelessnessindex-briefing-statelessness-determinationand-protection-europe
22
UNHCR (2014), Handbook on Protection of Stateless Persons Under the 1954 Convention Relating to the
Status of Stateless Persons: https://www.unhcr.org/dach/wp-content/uploads/sites/27/2017/04/CHUNHCR_Handbook-on-Protection-ofStateless-Persons.pdf
23
Bulgaria, Spain, and Ukraine. Albania has recently adopted legislation to establish an SDP, but this was not
yet operational at the time of the research.