Country case studies of law and policy reforms
While they do not illustrate complete protection against childhood statelessness, the examples below
highlight initiatives in some countries that other States may be able to draw lessons from in their efforts to
avoid statelessness among children.
LAWS ENSURING NATIONALITY FOR CHILDREN BORN IN THE COUNTRY WHO
WOULD OTHERWISE BE STATELESS AND FOR CHILDREN OF UNKNOWN PARENTS
France: The French nationality code mixes jus soli and jus sanguinis principles in a way that generally prevents
statelessness. Stateless children automatically acquire French nationality at birth. Particularly important is the
role of the courts in determining the nationality of a child of unknown parents or unknown nationality.
Finland: Finnish nationality law is based on the jus sanguinis principle, but since 1968 it has also permitted
children born in Finland who are otherwise stateless to acquire Finnish nationality automatically. An effective
nationality determination procedure ensures that stateless children and children of unknown nationality are
confirmed to hold Finnish citizenship.
LAWS ENSURING NATIONALITY FOR CHILDREN BORN IN THE
COUNTRY WHO WOULD OTHERWISE BE STATELESS
Estonia: In January 2015 Estonia reformed its law to give children born in the country to former Soviet nationals
whose nationality has not been determined the right to Estonian nationality automatically at birth.
LAWS ENSURING NATIONALITY FOR CHILDREN OF UNKNOWN PARENTS
Kenya: Kenya’s 2010 constitutional reform and subsequent legislation has for the first time made provision for
children of unknown parentage found in the country and less than eight years old to acquire Kenyan nationality.
LAWS ENSURING NATIONALITY FOR CHILDREN OF NATIONALS BORN ABROAD
Chile: Although Chile has a jus soli law, some children born in the country of migrant parents were regarded
as at risk of statelessness because of their “transient” status. Recent reforms will reduce the risk by enforcing
a more restrictive definition of the term “transient.” In 2005, Chile also adopted significant reforms improving
access to nationality for children of its nationals born abroad.
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CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS