children only have until their 19th birthday to exercise this right,16 while international law stipulates that it should be open at least until the 21st birthday.17 15. Three groups of children are at particular risk:    children born in Hungary to stateless persons with no domicile; children born to parents who are unable to pass on their nationality to their children; and children born to beneficiaries of international protection who are unable to pass on their nationality to their children due to impossibility or prohibition to contact the authorities of the country of origin. Children born in Hungary to stateless persons with no domicile 16 16. Only children born to stateless parents with a domicile obtain Hungarian nationality automatically at birth.18 However, the concept of domicile is extremely restrictive, which hinders access to nationality. Only some groups of people are eligible for domicile.19 Third-country nationals with a humanitarian residence permit, including those recognised as stateless persons and beneficiaries of a tolerated status,20 and thirdcountry nationals holding a non-permanent residence permit on grounds of employment, studies, research, family unity, among others, cannot register a domicile.21 In comparison, third-country nationals with a permanent resident status22 and refugees and beneficiaries of subsidiary protection are eligible to register a domicile.23 17. As a result, children born to stateless parents who do not have a domicile in Hungary will be born stateless, even if the parents are lawfully and habitually residing in Hungary at the time of the birth. The same happens to children whose stateless parents have a residence permit based on employment or studies, or who hold a tolerated status. The right to a nationality of a child born to stateless parents who have been living in Hungary for several years with a stateless status (and therefore without a domicile) is no different from that of another child whose parents have been living in the country for exactly the same period of time, but with a permanent residence permit or refugee status (and therefore with a domicile). Consequently, the restrictive and discriminatory use of the domicile concept as a condition for the avoidance of statelessness at birth does not only undermine the overall purpose of avoiding statelessness, but also leads to further discrimination. 18. In addition, this gap is not bridged by the option of subsequent declaration. The first condition under declaration, that the parents must have a domicile when the child is born, makes the option of declaration void for children who did not receive Hungarian Citizenship Act, Section 5/A (1) (a). Convention on the Reduction of Statelessness (1961), Article 1 (2) (a). 18 Citizenship Act, Section 3 (3) (a). Law Decree 17 of 1982 on Civil Registration, Marriage and Names, Section 9 (7), as inserted by Section 1 (4) of Act XLIX of 2011 and amended by Section 78 (3) of Act XCII of 2011. Note that Section 61 (5) of Act I of 2010 on Civil Registration Procedures contains an identical provision. 19 Citizenship Act, Section 23 (1). Act LXVI of 1992 on the Registration of Citizens’ Personal Data and Residence, Section 4 (1). 20 See Act II of 2007 on the Entry and Stay of Third-Country Nationals, Sections 29 (1) (a)-(b). 52/A (1). 21 See Id., Sections 13-29. 22 Cf. Id., Section 32 (1). 23 Cf. Act LXXX of 2007 on Asylum, Section 17(1). 17

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