Withdrawal of Dutch reservations to 1954 Convention 18 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law by which the Netherlands is bound, the two reservations regarding Articles 8 and 26 made to the 1954 Convention be withdrawn.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 19 20 21 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6(1)b DNA providing for a right to apply for Dutch nationality, it is recommended that the “legal stay” requirement be rescinded, as this prerequisite is not in conformity with the 1961 Convention.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 63

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