for children born to non-nationals should be in place, to identify whether the child is entitled to another nationality or whether they would otherwise be stateless, and legal safeguards for the prevention of statelessness should therefore be applied. In particular, the Human Rights Committee held that the Netherlands’ international obligations require the State ‘[…] to ensure that a procedure for determining statelessness status is established, as well as reviewing its legislation on eligibility to apply for citizenship […].’16 Indeed, all otherwise stateless children must acquire the nationality of the State in which they are born, either automatically at birth or as soon as possible after birth. To this end, the Netherlands has included special rules in the Dutch Nationality Act to prevent statelessness. However, legislative and administrative gaps in these rules and their application mean that statelessness is not prevented for all children born in the Netherlands, and many are registered as having “nationality unknown”, contrary to international law. Legislative gaps in ensuring the right to a nationality for stateless children in the Netherlands 12. In the Netherlands, birth on the territory does not generate an automatic entitlement to Dutch nationality. For children born in the Netherlands who would otherwise be stateless, Article 6(1)(b) of the Dutch Nationality Act (DNA)17 provides for a procedure to obtain Dutch nationality: the so-called “option procedure”. However, it discriminates against children born stateless on the territory on the basis of their residence status. Accordingly, this Article requires that: “After making a written statement to this effect Dutch citizenship is obtained by […] b) a non-national who is born in the European part of the Netherlands, Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, and during an uninterrupted period of at least three years has admission and principal residence and has been stateless from birth.”18 13. The language of “admission and principal residence” in this provision means that Dutch law currently requires stateless children to have three years’ legal residence in the territory before being able to opt for Dutch nationality. Therefore, stateless children born in the country without a residence status are excluded from acquiring Dutch nationality. Furthermore, where the statelessness of a child cannot be proven with official documents upon registration in the Dutch population registry – a highly bureaucratic burden – then a child is instead registered as having “unknown” nationality. This prevents them from using the ‘option procedure’ and amounts to a violation of their right to a nationality. This and the aforementioned conditions are inconsistent with Article 7 CRC on realising every child’s right to a nationality and Article 3 CRC on the best interests of the child, as children are denied their right to a nationality for years.19 The origin, transit, destination and return, 2017, available at: https://www.refworld.org/docid/5a12942a2b.html; Recommendation CM/Rec(2009)13, adopted by the Committee of Ministers of the Council of Europe on 9 December 2009, available at https://rm.coe.int/16807096bf. 16 CCPR/C/130/D/2918/2016. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26631&LangID=E. 17 2010 Dutch Nationality Act, Article 3, https://www.legislationline.org/download/id/5937/file/Netherlands%20Nationality%20Act_2010_en.pdf 18 Ibid Article 6(1)(b) Dutch Nationality Law. The original text in Dutch reads: “Na het afleggen van een daartoe strekkende schriftelijke verklaring verkrijgt door een bevestiging als bedoeld in het derde lid het Nederlanderschap […] b) de vreemdeling die in het Europese deel van Nederland, Aruba, Curaçao, Sint Maarten of de openbare lichamen Bonaire, Sint Eustatius en Saba, is geboren, aldaar gedurende een onafgebroken periode van tenminste drie jaren toelating en hoofdverblijf heeft en sedert zijn geboorte staatloos is”. 19 1989 Convention on the Rights of the Child, Article 3. 4

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