Introduction
1.
As a follow-up to the international conference on “Statelessness and
the right to a nationality in Europe: progress, challenges, and opportunities”,
co-organised with the Office of the United Nations High Commissioner for
Refugees (UNHCR) in 2021, and the updated Analysis of current practices and
challenges regarding the avoidance and reduction of statelessness in Europe,
the European Committee on Legal Co-operation (CDCJ) decided, at its 97th
plenary meeting (1-3 December 2021), to focus as a priority on the statelessness of children and their access to nationality and to develop guidance on
child sensitive procedures in administrative and migration law matters for
children who are stateless or at risk of being stateless as well as guidance on
the establishment of nationality for children.1
2.
The CDCJ agreed, at is 101st Plenary meeting (15-17 November 2023),2 to
give new terms of reference to its Limited working group on migration (CDCJMIG) for 2024-2026 to deal specifically with the statelessness of children and
their access to nationality.3 These activities were to contribute to the Council
of Europe Action Plan on Protecting Vulnerable Persons in the Context of
Migration and Asylum in Europe (2021-2025) and its Strategy for the Rights
of the Child (2022-2027).
3.
The 1st meeting of the CDCJ-MIG on the statelessness of children and
their access to nationality took place online on 30-31 May 2024. During that
meeting, a hearing of stateless advocates having experienced statelessness
in their childhood was held in order to get a good overview on the types of
problems encountered by stateless children to get their statelessness recognised and get access to a nationality. Furthermore, the identification of
key themes and challenges regarding the statelessness of children and their
access to nationality were further explored. As a result, the CDCJ-MIG prepared
a questionnaire designed to obtain information from member states on procedures governing statelessness and acquisition of nationality in respect of
children. In June 2024, the questionnaire was circulated by CDCJ delegations
to the competent authorities of their countries.4 In total, 27 states replied to
the questionnaire.5
1.
2.
3.
4.
5.
See document CDCJ(2021)34.
See document CDCJ(2023)32.
See terms of refence of the CDCJ-MIG, document CDCJ(2023)22.
See document CDCJ(2024)06.
See document CDCJ-MIG(2024)06.
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