Government guidance for decision-makers on the identification of statelessness (see Issue 2). Issue 1 – Children’s right to a nationality The right to a nationality 18. Every child has a right to a legal identity and nationality. This is a core principle of international law, which if applied in a comprehensive and non-discriminatory manner, would result in the prevention and reduction of statelessness.18 States should have a provision in law to grant nationality to anyone born on the territory who would otherwise be stateless.19 Conferral of nationality to otherwise stateless children born on the territory should ideally be automatic at birth. There should be no conditions on acquisition of nationality by a child relating to their or their parents' legal status, such as lawful residence.20 If children are required to prove they cannot access another nationality, the burden of proof should be shared, an appropriate standard of proof adopted, and special procedural considerations given to the challenges faced by children in communicating basic facts about their nationality.21 19. There are few safeguards in place to prevent childhood statelessness in Romania, despite international obligations to do so. Acquisition of Romanian citizenship is governed by Act No. 21/1991 on Romanian Citizenship. As a general rule, children born to a parent who is a national of Romania are considered to be Romanian nationals, whether born in Romania or abroad.22 Generally, the only option for children without Romanian nationality is to apply for naturalisation alongside their parents, subject to the general criteria. Foundlings are granted nationality by law but may face practical obstacles, and there is a risk of statelessness if parentage is later established. Children born to Romanian nationals abroad are automatically Romanian by law, but births must be registered and there have been reports of discriminatory practice. 20. Additionally, there are difficulties relating to issuance of birth certificates and registration of birth of some children. Access to birth registration has improved in recent years, but there is no procedure to determine a child’s nationality, and certain children continue to face discriminatory barriers to registration, including refugees, Roma, and children in rainbow families (i.e., parents are lesbian, gay, bisexual, trans, intersex, or otherwise not heteronormative). Birth registration 21. For children born in Romania, universal birth registration is guaranteed under the general legal framework. Before 2016, there were documentation requirements that prevented some parents from registering births. The new rules have addressed these 18 See Article 7 of the UN Convention on the Rights of the Child, read in conjunction with Articles 2 and 3. UN Convention on the Reduction of Statelessness, 1961: Article 1. European Convention on Nationality, 1997: Articles 2 and 6(2)(b). 20 Convention on the Rights of the Child, 1989: Articles 3 and 7. 21 Joint general comment No. 4 (2017) of the CMW and No. 23 (2017) of the CRC on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination, and return: States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. 22 Act No. 21/1991 on Romanian Citizenship, Article 5: http://legislatie.just.ro/Public/DetaliiDocument/121439 (RO) (ENG translation available at: https://www.refworld.org/docid/3ae6b50218.html). 19 5