Briefing: Guardianship, Nationality, and statelessness Unaccompanied and separated children frequently encounter challenges related to documentation, birth registration, and nationality. In practice, many guardians will have come across issues such as missing documents, unclear origins, or difficulties confirming a young person’s nationality. While these may initially appear to be routine administrative matters, they can also be indicators of statelessness - a serious human rights concern that requires a specific and informed response. About this briefing This briefing is aimed at guardians, guardianship service providers, and others who support unaccompanied and separated children and young people in Europe. It is for those who have some knowledge of statelessness and those who do not. It explains what statelessness is, how it occurs, and what guardianship services can do to recognise and respond to statelessness. The briefing highlights four ‘moments’ when it is particularly important to support children and young people to identify and address any birth registration, statelessness, or nationality-related issues. It also identifies actions guardians can take at these times to identify and respond to statelessness. 1. Initial contact and vulnerability assessment 2. Support to access relevant (protection) procedures 3. Return and readmission 4. Transition to adulthood Stateless person A person who is not considered as a national by any State under the operation of its law, either because they never had a nationality, or because they lost it without acquiring a new one. Birth registration The process of recording a child’s birth. It is a permanent and official record of a child’s existence and provides legal recognition of that child’s identity. It establishes a legal record of where the child was born and who the child's parents are. Nationality / Citizenship The legal bond between a person and a State, which entitles the individual to the State’s protection as its national and entails legal rights and responsibilities. Nationality can be established at birth by a person's place of birth (jus soli) and/or bloodline (jus sanguinis) or can be acquired through naturalization. The concept is referred to as citizenship in some national jurisdictions. Source: UNHCR Person of undetermined nationality A person who has links to several States that may form the basis of a claim to nationality, but for whom it is unclear to which State(s) – if any – they belong. Source: UNHCR

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