implementing legislation, which means that several important international legal safeguards against statelessness are subject to direct application in the country. 12. In 2018, the Committee on the Rights of the Child recommended Spain to consider acceding to the 2006 Convention of the Council of Europe on the Avoidance of Statelessness in Relation to State Succession.9 Spanish Nationality Law 13. The Spanish Civil Code (article 17.1) grants Spanish citizenship to every person “born to a Spanish father or mother”; to those “born in Spain to foreign parents if, at least, one of them was also born in Spain”; to those “born in Spain to foreign parents if they both lack a nationality or if the legislation of any of them does not transfer a nationality to the child”; and to those born in Spain “whose parentage cannot be determined”.10 If the child’s birthplace is unknown, but their first country of stay or residence is known to be Spain, they are “presumed to have been born on Spanish territory”.11 The combined effect of these two prohibitions, is to serve as a safeguard against childhood statelessness and protect the child’s right to acquire a nationality. 14. The law mandates that births occurring in the national territory must be registered,12 and imposes this obligation on hospitals or health centres; the medical staff who performed the delivery; the parents; and the closest relative, or in their absence, any person of legal age who was present at birth. Definition of a Stateless Person 15. Spanish national law defines a stateless person in an almost identical way to the 1954 Convention. Royal Decree 865/2001, which regulates the statelessness determination procedure, states that a stateless person is “every person who is not considered as a national by any State, under the operation of its law, and who expresses their lack of nationality” (article 1).13 16. The clause ‘who expresses their lack of nationality’ was reviewed by a Supreme Court landmark decision on statelessness.14 It defined nationality as “the legal bond between a person and a state, according to its law, which comprises political, social, economic rights and responsibilities on their part, within a framework of mutual acceptance and voluntariness”, and it also added that “it is enough that the applicant manifests their lack of nationality”, arguing that the standard of proof set forth in the Royal Decree (article 1)15 and the Aliens Act (article 34)16 does not require further evidence. 9 Committee on the Rights of the Child, Concluding observations on the combined fifth and sixth periodic reports of Spain (2018), CRC/C/ESP/CO/5-6, para 18. 10 Código Civil, article 17.1.c), available at: http://cort.as/7T42 (Spanish) [accessed 8 July 2019]. 11 If the foreign country is known, authorities take into account its nationality law and its application, and in the case where no citizenship is granted to that minor, article 17.1 applies. 12 Ley 20/2011, de 21 de julio, del Registro Civil, article 45, available at: http://cort.as/-Kmx3 (Spanish) [accessed 8 July 2019]. 13 Real Decreto 865/2001, de 20 de julio, por el que se aprueba el Reglamento de reconocimiento del estatuto de apátrida, article 1, available at: http://cort.as/-K_ZY (Spanish) [accessed 8 July 2019]. 14 Sentencia del Tribunal Supremo nº 8948/2007 (recurso 10503/2003), Sala de lo Contencioso-Administrativo, Sección Quinta, de 20 de noviembre: http://cort.as/-Kmaa (Spanish) [accessed 8 July 2019]. 15 Real Decreto 865/2001, article 1, available at: http://cort.as/-K_ZY (Spanish) [accessed 8 July 2019]. 16 Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social, article 34, available at: http://cort.as/ZhSP (Spanish) [accessed 8 July 2019]. 3