2 THE FACE OF STATELESSNESS IN DENMARK 2.1 Introduction Although Denmark is a state party to both the 1954 and 1961 Statelessness Conventions, as well as to other international human rights instruments that contain provisions of relevance to statelessness, as is the case in many other Western European countries, statelessness had received little attention until 2010/2011. Consequently, many stateless persons in Denmark were not registered as stateless. The recognition of this led to a process of re-registration that started in the autumn of 2011, as described in more detail below.24 The lack of attention to statelessness and its legal effects did not only become apparent to the various authorities dealing with foreigners, but also organizations working with immigrants reported that they had not been sufficiently aware of the complex problems related to statelessness. Consequently, many NGOs explained in the course of the research for this report that they did not have a great deal of experience with, or insight into, statelessness. Events in 2011 drew the public’s attention to the plight of stateless persons in Denmark and led to changes in government policy. In a series of articles, Danish newspaper Information reported on the cases of stateless persons born in Denmark who have had their citizenship applications wrongly denied. In cooperation with the Danish Institute for Human Rights (DIHR),25 the Danish Immigration Service turned its attention to statelessness, in particular the determination and identification of stateless persons. Letters were sent to stateless persons, informing them of their right to be re-registered as stateless and about their right to acquire an aliens passport. Leaflets were distributed on re-registration as a stateless person. 2.1.1 Historical background 2.1.1.1 Acquisition of nationality Since the adoption of the Danish Nationality Act of 1898, Danish nationality rules have primarily build on the principle of jus sanguinis. Over time, a number of significant changes have been implemented, some of which have made the acquisition of Danish nationality easier, and some of which have made it more difficult. Until 1978, a child born in wedlock to a Danish father and a foreign mother acquired Danish nationality by birth, but the child born in wedlock to a Danish mother and a foreign father did not, as a rule, acquire Danish nationality. In other words, a Danish woman married to a foreigner could not transmit her nationality to the child.26 By contrast, a child born out of wedlock acquired Danish nationality only if the mother was Danish, meaning a Danish man who fathered an out-of-wedlock child did not automatically transmit his nationality to the child. 12 24 The re-registration initiative launched by the Danish Immigration Service in late 2011 was concluded by the end of 2012. Still, the Danish Immigration Service receives and processes incoming applications for re-registration (cf. consultant’s communication with the Danish Immigration Service, email dated 9 March 2015). 25 DIHR is an “independent state-funded institution” whose “mandate is to promote and protect human rights and equal treatment in Denmark and abroad.” For the official website, see http://www.humanrights.dk/about-us. 26 An exception applied if the father was stateless or did not transmit his nationality to the child at birth. Mapping Statelessness in Denmark