Too old to be a ‘foundling’? – International standards and comparative analysis –
Article 13 of its nationality law states ‘A child born or found in the territory of the
Republic of Serbia (foundling/nahoče) acquires citizenship of the Republic of
Serbia by birth if both his parents are unknown (…)’ Law on Citizenship of the
Republic of Serbia 2004, <https://www.paragraf.rs/propisi/zakon_o_drzavljanstvu_republike_srbije.html>. The local expert’s response to the standard question
on the age of foundling in the ENS Statelessness Index Survey states that ‘The
age limit is 18 years-old. The competent body derives this from the legal defi(13) Serbia
nition of a “child”, i.e. person under 18 years-old’ and cites ‘Information derived
from casework, including the decisions of the Ministry of Interior in individual
cases (decision of the Ministry of Interior, 03/10 No. 204-2-248/2013 from 14
March 2013, on file with author). Letter of the Ministry of Interior sent to Praxis
on 15 March 2013, 13/10 No. 204-159/13-R, on file with author.’ PRS.3.b, ENS,
Statelessness Index Survey 2022: Serbia (2022) 21 <https://index.statelessness.eu/sites/default/files/ENS_Statelessness_Index_Survey-Serbia-2022.pdf>.
Article 9 of Slovenia’s nationality law states ‘Any child born or found in the territory of the Republic of Slovenia shall be granted citizenship of the Republic of
Slovenia if his/her father and mother are unknown (...)’.
Citizenship of the Republic of Slovenia Act, ZDRS-UPB2, 7 December 2006
<http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO13>. The ENS Statelessness Index Survey states ‘[T]here is no age/time limit. According to the law,
a case of any child under the age of 18 could be examined under the stated
(14) Slovenia
provision.’ PRS.3.b, ENS, ‘Statelessness Index Survey 2022: Slovenia’ (2022)
20 <https://index.statelessness.eu/sites/default/files/ENS_Statelessness_Index_Survey-Slovenia-2022_0.pdf>. ‘The law also does not stipulate an age limit
(…) According to the representatives of the Ministry of Interior, a case of any
child under the age of 18 could be examined under the stated provision.’ ENS,
‘Ending Childhood Statelessness: A Study on Slovenia’ (2015) 14 <https://www.
refworld.org/reference/countryrep/ens/2015/en/107958>.
Article 11(1)8) of Turkmenistan’s nationality law states ‘A person shall be a citizen of Turkmenistan by birth in the following cases: (...) ‘the parents (the single
parent) of the child are the persons whose whereabouts and citizenship are unknown provided that the child was born in the territory of Turkmenistan.’
Article 11(3) of the same law states ‘The child resident in the territory of Turkmenistan, whose parents are unknown, shall be regarded as born in Turkmen(15) Turkmen- istan and a citizen of Turkmenistan. (…)’ The Law of 2013 on Citizenship, 22
istan
June 2013 <https://minjust.gov.tm/hukuk/merkezi/hukuk/185>. According to the
email from Marin Roman (the then Statelessness Officer, UNHCR Central Asia)
to the author (11 February 2022), Article 1 of the Law of Turkmenistan on the
guarantees of the rights of the child provides that ‘A child is a person under the
age of 18, unless otherwise established by the law of Turkmenistan.’ There are
no provisions that define a child in Law on Citizenship of Turkmenistan, therefore, the term ‘child’ in its Article 11 is under the age of 18.
Article 14 of Uzbekistan’s nationality law states ‘A child, who is in the territory of
the Republic of Uzbekistan and both of whose parents are unknown, is a citizen
of the Republic of Uzbekistan.’ Law on Citizenship of the Republic of Uzbekistan of 2020 <https://lex.uz/docs/-4761984>. According to the email from Marin
(16) Uzbekistan Roman, the then Statelessness Officer, UNHCR Central Asia to the author (11
February 2022), the Law of Uzbekistan on the Guarantees of the Rights of the
Child defines a child as a person up to the age of eighteen years (majority), and
this applies to the term ‘child’ in Article 14 of the abovementioned nationality law
as confirmed by an official of the competent authority.
European University Institute
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