60 Global Recommendations on Nationality and Statelessness in the Context of Climate Change PART B 7. GLOBAL RECOMMENDATIONS | Recommendation 7 Global Recommendations on Nationality and Statelessness in the Context of Climate Change PART B 7. GLOBAL RECOMMENDATIONS | Recommendation 7 This Recommendation is relevant in contexts where there are: — Stateless persons and/or persons without a recognized nationality status in their own country; and —  Stateless persons and/or persons without a recognized nationality status outside their own country. —  Nationals (at risk of losing their nationality and becoming stateless) in their country of nationality; —  Nationals (at risk of losing their nationality and becoming stateless) outside their country of nationality; Context: 7.35 Risks of childhood statelessness may persist or be heightened in the context of climate change, as climate-related hazards have the potential to cause loss of life, displacement, family separation and destruction of documentation. These impacts can compound the effects of discrimination and gaps in and conflicts between nationality laws, raising risks of childhood statelessness. Given the severe negative impacts of statelessness on children’s enjoyment of their human rights, including the right to education and healthcare, preventing childhood statelessness is critical. 7.36 For example, for both stateless persons in their own country and stateless persons in a migratory context, nationality laws that lack legal safeguards that grant nationality to children who would otherwise be stateless fail to stop intergenerational statelessness. This is because statelessness in such situations continues to be transmitted from the parent to the child. The lack of such safeguards also increases the number of children who are likely to experience severe rights violations as a consequence of being left stateless. 7.37 For nationals, whether they are in their country of nationality or abroad, discriminatory nationality laws that prevent women from conferring their nationality to their children not only contravene Article 9 of the Convention on the Elimination of all Forms of Discrimination Against Women (‘CEDAW’), but may result in children being left stateless if fathers have gone missing or died, for example in the context of an extreme weather event linked to climate change or a disaster. In situations where both parents are missing and their identities are unknown, a lack of legal safeguards to grant nationality to foundlings, or children who are abandoned or permanently separated from their parents, may also leave children stateless.70 7.38 The child’s right to a nationality is protected in major human rights instruments. A number of these instruments additionally provide the right to immediate birth registration (see Recommendation 8 below) and the equal right of parents to pass nationality to their children.71 Article 3 together with Articles 7 and 8 of the CRC requires that all actions concerning children, including in the area of nationality, must be undertaken with the best interests of the child as a primary consideration.72 IV. Prevent IV. Prevent Recommendation 7 Ensure that all children are able to acquire a nationality in the context of climate change in order to prevent childhood statelessness (also relevant to Recommendation 9 under Prevent). 61