what co-operation entails, which can potentially contribute to the statelessness of children.109
Principle 7. treat children who are factually (de facto) stateless, as far as possible, as legally stateless (de jure) with respect to the acquisition of nationality;
115. The appropriateness of the use of the notion of “de facto stateless” should
be examined. Since the adoption of the recommendation, the UNHCR has
considered that the notion of “de facto stateless” was not desirable as it was
not defined in any international instrument and there was no specific regime
attached to it in any treaty.110 If this principle were to be kept, further elaboration should be made in the explanatory memorandum in connection with
the position of UNHCR.
Principle 8. register children as being of unknown or undetermined nationality, or classify children’s nationality as being “under investigation” only for
as short a period as possible;
116. The revision of this principle should be examined in order to take into
account developments with UNHCR Guidelines on statelessness No 4 and
the decision of UN Human Rights Committee in the case Denny Zhao v. The
Netherlands. More specifically, The appropriateness of specifying in the principle
a time limit of five years in line with these developments should be considered.
Principle 9. treat children found abandoned on their territory with no known
parentage, as far as possible, as foundlings with respect to the acquisition
of nationality;
117. Further guidance in the explanatory memorandum could prove useful
as this has proved a complex area to navigate for member states.
Principle 10. provide that the revocation or annulment of an adoption will
not cause the loss of the nationality acquired by this adoption, if statelessness would be the consequence;
118. Owing to the extreme sensitivity on the issue of intercountry adoption,
it should be discussed whether principles related to it should be kept or left
out and dealt with in a separate instrument.
109. See also paras. 18 and 31.
110. See UNHCR Handbook on the Protection of Stateless Persons, 2014, para. 7.
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