iii. Children born on the territory of a state to a foreign parent
Principle 17. facilitate the acquisition of nationality, before the age of majority,
by children born on their territory to a foreign parent lawfully and habitually
residing there. Enhanced facilitation should be offered in cases where that
parent is also born on their territory;
122. This principle can be kept as is. Further elaboration in the explanatory
memorandum should be discussed.
iv. Position of children treated as nationals
Principle 18. provide that children who were treated in good faith as their
nationals for a specific period of time should not be declared as not having
acquired their nationality;
123. As some Council of Europe member states do not have any protection
on the possession of nationality in good faith, it would appear desirable to
elaborate more on it in the explanatory memorandum.
v. Rights of children in proceedings affecting their nationality
124. It would be worth examining whether the title of this section ought to
be modified to “affecting their (access to) nationality”. In that case recommendations on statelessness determination procedures could also be inserted in
this chapter. It would seem important to take into account the principles on
statelessness determination procedure as described in the UNHCR Handbook
on the protection of stateless persons.
Principle 19. ensure that, as far as possible, in proceedings affecting their
nationality, children are consulted and their views and wishes are taken
into account, having regard to their degree of maturity. Applications for
nationality made on behalf of children should include the opinion of children considered by law as having sufficient understanding. A child should
be considered as having sufficient understanding upon attaining an age,
prescribed by law, which should not be more than 14 years;
125. It should be explored whether this principle ought to be reformulated
with more emphasis being put on statelessness determination procedures
and child-friendly proceedings.
Principle 20. give children the right to file applications for the acquisition
or loss of nationality if they are considered by law as having sufficient
understanding and are, where necessary, legally represented as required
by domestic law;
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