Conclusion
130. The purpose of the work to be undertaken is improving stateless children’s access to nationality, including guidance on child-sensitive procedures
relating to the determination of nationality or statelessness, by means of a
non-binding legal instrument.
131. As described in the study, several options can be contemplated. A new
instrument that would reflect existing standards can be elaborated, such as
guidelines or a handbook. Guidelines would be adopted by the Committee
of Ministers and therefore would carry political weight and draw attention to
the need to reduce the statelessness of children as a matter of priority, whilst
a handbook would be of a more practical nature and could respond to a need
for more guidance for the benefit of policy-makers and practitioners to help
them navigate this complex legal field and hence contribute to reducing child
statelessness.
132. However, the point of departure of any work in this area remains an
already existing instrument prepared by the CDCJ, namely Recommendation
CM/Rec 2009(13) of the Committee of Ministers to Member States on the
nationality of children adopted on 9 December 2009. Whilst many of the
principles contained in the recommendation remain relevant, developments
having occurred since its adoption in a number of areas and combined with
the fast-evolving migration circumstances faced by Europe today, would
justify updating it. This would require also adjusting and supplementing
the explanatory report. At the same time, in order to respond to the need
for practical guidance, it would seem advisable to prepare in parallel a tool,
designed for policy makers and practitioners, in the shape of checklists that
would serve to reinforce the dissemination of the principles contained in the
recommendation and reach those dealing with situations of stateless children
and their access to nationality.
133. The Limited Working Group on Migration of the CDCJ (CDCJ-MIG), upon
examination of the feasibility study in its draft form during its second meeting
of 26-27 September 2024, was of the view that revising Recommendation
CM/Rec 2009(13) and preparing an accompanying practical tool for policy
makers and practitioners, would be the most effective and expedient way of
responding to the terms of reference given by the CDCJ.
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