This implication must be considered in relation to the protection against statelessness in Article 5(1) of the 1961 Convention and Article 7(1)(f) of the ECN. 291 Article 2 of the 1961 Convention, by its plain text, requires not only that a State Party presume that a foundling was born to parents possessing the nationality of that State, but also that the foundling was born within that territory. Thus, even if it were, eventually, proved that a foundling had been born to non-Danish nationals, Article 2 still requires that a State Party presumes – absent evidence to the contrary – that the foundling was born within that State’s territory.292 Assumedly, Danish law will be interpreted in accordance with the requirements of Article 2 of the 1961 Convention, establishing a safeguard against statelessness for foundlings. 4.2.2 Birth on a ship or aircraft Article 3 of the 1961 Convention provides that a “birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be.” The provision should be interpreted as referring to all vessels registered in the state. In addition, the provision applies equally to ships that are within the territorial water or a harbor of another state as well as to an aircraft at an airport of another state.293 No provision governing births aboard a ship or aircraft exists in Danish law. According to the Ministry of Justice294, no such situation has ever occurred in practice,295 but that if such a case should present itself, there is “every probability” that it would be dealt with in accordance with the 1961 Convention.296 It is therefore assumed here that Denmark would interpret its own laws in accordance with Article 3 of the 1961 Convention and thus deem a birth aboard a Danish-flagged ship or aircraft as having occurred on Danish territory, although there seems to be a gap in Danish law with respect to such births. A related problem concerning birth during a journey has been dealt with in Danish practice. A stateless woman gave, prematurely, birth to a child on a one-day trip from Denmark to Sweden. The mother and the child returned to Denmark the day after the birth, and the child’s birth registration was deleted from the Swedish registers. The child did not acquire a nationality from the father either. The Danish Minister of Justice did not find that the child was comprised by the CRC since the birth had not taken place in Denmark, while the Naturalization Committee of the Parliament later granted the child Danish nationality in line with the object and the purpose of the CRC and the 1961 Convention. 70 291 Article 5(1) of the 1961 Convention allows loss as a consequence of a change in personal status as long as it does not lead to statelessness. Article 7(1)(f) of the ECN allows for the loss of nationality on this ground but Article 7(3) ECN states that such loss of nationality may not take place if it leads to statelessness. 292 Such a presumption would trigger the Article 1 requirements if the foundling were stateless. 293 UNHCR Guidelines No. 4, paras. 62 and 63. 294 As of 28 November 2016 the Nationality Division is part of the Ministry of Immigration and Integration. 295 This information was given during an interview with employees in the Nationality Division of the Ministry of Justice. 296 This information was given during an interview in August 2012 with the Nationality Division of the Ministry of Justice. Mapping Statelessness in Denmark

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