2.2.4 European Regional Legal Framework In Europe, the Council of Europe has adopted two instruments of particular relevance: the European Convention on Nationality which entered into force in 200023 and the European Convention on the Avoidance of Statelessness in relation to State Succession, which entered into force in 2009.24 Neither Convention has been signed by Ireland. The European Convention on Nationality (ECN) entered into force in 2000 and currently has 21 State Parties. This instrument contains several provisions guaranteeing against statelessness, some of which parallel to those found in the 1961 Convention and others of which complement the Convention. Article 4 provides, inter alia, that State Party nationality rules shall incorporate the principle that statelessness be avoided. Article 6(2) provides a safeguard against statelessness at birth comparable to that of the 1961 Convention. Further, Article 7, which governs the loss of nationality ex lege or at the initiative of a State Party, contains safeguards against statelessness. The European Convention on the Avoidance of Statelessness in relation to State Succession entered into force in 2009 and has seven States Parties. It establishes rules for the acquisition of nationality with a view to preventing statelessness in the context of state succession. The plight of stateless persons is also recognised in the Council of Europe Action Plan on protecting vulnerable persons in the context of migration and asylum in Europe (2021-2025).25 In addition, the European Convention on Human Rights (ECHR), to which Ireland is party, is increasingly relevant to the prevention of statelessness and protection of stateless persons.26 Although the ECHR does not explicitly provide for the right to a nationality, the European Court of Human Rights (ECtHR) has recognized in its jurisprudence that the impact of the denial of citizenship on a person’s social identity brings it within the scope of Article 8 of the ECHR, which enshrines the right to respect for private and family life.27 Further, the ECHR sets out rights to be enjoyed by all persons within a state’s jurisdiction, whether they are the state���s own nationals, foreign nationals, or stateless persons. In a 2018 decision the Court found that the failure of the state to ensure stability of residence for a stateless man over a 40-year period, amounted to a violation of Article 8 of the European Convention on Human Rights.28 As regards the European Union, in 2015 the Council of the European Union adopted Conclusions on Statelessness which invited the European Commission to launch exchanges of good practices and encourage the active coordination of national statelessness focal points in relation to the UNHCR #IBELONG campaign.29 Following this, the European Migration Network (EMN) was mandated to establish a platform for this exchange of information and good practices.30 Within the EU legal framework, stateless persons are treated as third country nationals within the area of freedom, security, and justice under the Treaty on the Functioning of the European Union.31 Similarly, 12 23 Council of Europe, European Convention on Nationality, 6 November 1997, ETS 166, available at: https://www.refworld.org/docid/3ae6b36618.html 24 Council of Europe, European Convention on the Avoidance of Statelessness in Relation to State Succession, 15 March 2006, CETS 2006, available at: https://www.refworld.org/docid/4444c8584.html 25 Council of Europe, Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025), available at: https://bit.ly/3Fo7hDk This includes implementing Council of Europe pledges to the UNHCR IBELONG campaign to end statelessness. 26 For example, ECHR Press Unit, Factsheet – Deprivation of Citizenship, December 2020, available at: https://www.echr.coe.int/Documents/FS_Citizenship_Deprivation_ENG.pdf 27 See ECHR, Genovese v. Malta, Application no. 53124/09, Council of Europe: European Court of Human Rights, 11 October 2011, available at: http://www.refworld.org/docid/509ea0852.html. 28 ECHR, Hoti v. Croatia, (Application no. 63311/14) , ECLI:CE:ECHR:2018:0426JUD006331114 , Council of Europe: European Court of Human Rights, 26 April 2018, available at: https://www.refworld.org/cases,ECHR,5ae1b4e94.html 29 European Union, Conclusions of the Council and the Representatives of the Governments of the Member States on Statelessness, December 2015, available at: https://bit.ly/3YfZLDh 30 For more information see EMN Platform of Statelessness, available at: https://bit.ly/3FjEJLm EMN Inform, Statelessness in the European Union, 2020, available at: https://bit.ly/3ULH0Vj 31 Article 67(2) Treaty on the Functioning of the European Union (2008/C 115/01), available at: https://bit.ly/3Pgharz Mapping Statelessness in Ireland