5
CONCLUDING REMARKS AND
RECOMMENDATIONS
Since 2011, a number of positive changes to Danish aliens and nationality legislation, as well as in administrational
practices, have been adopted. A statelessness registration procedure was introduced in 2011, and the Danish
nationality legislation has been amended in such a way that it now prevents statelessness when it comes to acquisition
of Danish nationality by descent (all children with a Danish parent acquire Danish nationality automatically at birth).
Overall, statelessness as a distinct human rights issue, which has consequences for the individuals concerned, and
for States like Denmark, which are Parties to the 1954 and 1961 Conventions, is generally well perceived among
government authorities, NGOs, and the public at large.
It is also noteworthy that Denmark is a party to most conventions adopted with a view to protect stateless persons
and reduce, and prevent statelessness. Provisions from the CRC and the 1961 Convention have been incorporated
in the Naturalization Circular, and the Nationality Act’s provisions on loss, renunciation and deprivation of Danish
nationality include legal safeguards and protection against statelessness (except in the case of deprivation due to
fraud as well as quasi-loss of nationality).
Moreover, the Danish Supreme Court has established that refusals of Danish nationality may be subject to judicial
review in terms of possible human rights violations.
However, certain gaps have been identified, among others with regards to ensuring that stateless persons can
enjoy the rights they are entitled to and that stateless persons born in Denmark do not remain stateless for an
extended period of time, as well as in compiling and maintaining data and statistics on stateless people. Therefore,
in order to facilitate Denmark’s full compliance with its obligations under the 1954 and 1961 Conventions, as well
as other relevant international standards as set in instruments such as the CRC and ICCPR, and to ensure that
stateless persons are able to enjoy the rights to which they are entitled, UNHCR makes the following suggestions
and recommendations with the aim at improving the current legal framework, practice and administrative capacity.
Identification and registration of statelessness
It is recommended that:
• Data collection between various government institutions in charge of registering stateless persons is
harmonized in order to ensure a consistent approach and data covering stateless persons in Denmark.
• Further research is undertaken to provide an updated and full picture of the human face of statelessness in
Denmark, including interviews with stateless persons in Denmark.
• Information about the possibility to re-register in the CPR system as a stateless person and to acquire Danish
nationality is made available in languages that the persons concerned understand.
• Flexibility is considered in relation to documentary requirements imposed on stateless persons.
Determination of stateless persons and the rights attached to the status
It is recommended that:
• The statelessness registration procedure is further developed to determine who, within Danish territory,
is stateless, including persons in detention or deportation centres who cannot be expelled (the so-called
“unreturnable”). The most effective way to ensure Denmark meet its international obligations towards stateless
persons under the 1954 Convention and international human rights law is through the establishment of an
accessible and efficient statelessness determination procedure that identifies stateless persons on Danish
78
Mapping Statelessness in Denmark
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