3. Revising Recommendation CM/Rec (2009)13 of
the Committee of Ministers to member states on
the nationality of children
104. Revising Recommendation CM/Rec (2009)13 on the nationality of children
would present the advantage of not embarking on the creation of totally new
instrument and could prove to be the most expedient and effective way of
acknowledging new standards without rewriting those that are still relevant.
105. In order to decide whether the best way forward would be to revise existing Recommendation CM/Rec (2009)13, the most effective way to proceed is to
take as a starting point the text of the Recommendation and to identify which
principles remain relevant the way they are couched in the Recommendation
and which ones would need updating in the light of present-day circumstances
and recent developments described above.
106. In order to facilitate the decision as to whether this recommendation
should be revised, some comments are made below on the desirability to
modify/elaborate on the formulation of several principles. Suggestions will
also be made on where to include principles on statelessness determination
procedures. This preliminary analysis can also prove useful in the event that
another type of instrument is preferred as the principles contained in the
recommendation will remain the common standard basis, irrespective of the
instrument chosen.
107. In respect of the Principles 10 and 13 to16 dealing with the issue of
intercountry adoption and nationality, one can hesitate whether they should
be included in a new (revised) instrument. In many states, discussions on
intercountry adoptions are taking place and the situation has become more
complex.
108. Below is the aforementioned preliminary assessment of the principles
contained in Recommendation CM/Rec (2009)13 to help gauge the advisability of a revision:
i. Reducing statelessness of children
Principle 1. provide for the acquisition of nationality by right of blood
(jure sanguinis) by children without any restriction which would result in
statelessness;
109. Whilst it would appear that this principle remains valid, it would be worth
exploring whether using the term “access” instead “acquisition” would not be
preferable as it would cover national situations where the term “attribution”
is used rather than “acquisition”.
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