Withdrawal of Dutch reservations to 1954 Convention
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It is recommended that, bearing in mind subsequent developments in international
human rights law by which the Netherlands is bound, the two reservations regarding
Articles 8 and 26 made to the 1954 Convention be withdrawn.
Prevention of statelessness in the Netherlands
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20
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In the provision under Article 6(1)b DNA providing for a right to apply for Dutch
nationality, it is recommended that the “legal stay” requirement be rescinded,
as this prerequisite is not in conformity with the 1961 Convention. Instead, it is
suggested that a requirement of habitual residence be introduced.
Based on the 1961 Convention read in light of the Convention on the Rights of the
Child, it is recommended that the Netherlands adopt a more inclusive approach
to implementation of Article 1 of the 1961 Convention which pertains to the
grant of nationality to persons born on Dutch territory who would otherwise be
stateless. It is recommended that such children should acquire Dutch nationality
automatically, at least in the case of children born to parents who are permanent
residents. This would follow the practice of the majority of States Parties to the
1961 Convention.
The effects of a revocation of Dutch nationality in case of fraudulent acquisition
of that nationality should be fully taken into account, if such a revocation were to
result in statelessness. In particular, in such a case, proportionality considerations
should be taken into account, in line with the Rottmann judgment of the Court of
Justice of the European Union.
in the Netherlands
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