Making Their Days Count The issue of burden of proof is critical too. Where does the burden of proof stand? How do you actually shift the burden of proof from the state to an individual? In what circumstances does a shared burden of proof exist? There is a bit more guidance that needs to be provided to states in this respect. Finally, the third Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (‘Optional Protocol’), which is already in place, deserves attention.18 We are already hearing of cases involving the Dublin Regulations, age determination and non-refoulment. The issue of having a criminal history due to irregular presence in a state, which links with art 1(2)(c) of the 1961 Convention, can be further reinforced by some of the cases that are now relying on the Optional Protocol. This issue should not be used to disqualify an otherwise stateless individual, particularly, a child, from acquiring nationality. 19 Child protective services’ ability to play a prominent role for children (including those that are stateless) in the context of international migration and the need to create a firewall between migrant, refugees and/or stateless children so that they are able to access services without the fear of being reported to law enforcement officials are also two important issues getting coverage. These issues remain absolutely critical for addressing childhood statelessness that we will need to look at very closely in the context of the third Optional Protocol. Finally, this event is about the 60-year anniversary of the 1961 Convention. I was in Dakar 10 years ago in May 2011 — Laura and a number of colleagues would remember this — when we celebrated the 50th anniversary. Since then, we have made significant progress, but definitely there is still more to do. But rest assured that while the 1961 Convention is 60 years old, it is not counting its days, but it’s making its days count. It needs as much support and advocacy as possible in every jurisdiction where it can add value. 18 19 United Nations General Assembly, Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, UN Doc A/RES/66/138 (adopted 19 December 2011). 1961 Convention (n 4) art 1(2)(c). 203

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