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