light of the Damache judgment and other factors, the co-submitting organisations are
of the view that the Irish Government should review the wider nationality deprivation
framework, which is both discriminatory and lacks adequate safeguards to prevent
statelessness.
Recommendations
47. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Ireland:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
Fully promote, respect, protect and fulfil its obligations towards stateless
persons and to prevent and reduce statelessness under international human
rights law.
Fully incorporate into national law and implement the Convention on the
Rights of the Child, the 1954 Convention Relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of Statelessness. In
particular, fully implement Article 7 of the CRC, Article 1(1) of the 1961
Convention and the provisions of the 1954 Convention in relation to:
i. juridical status
ii. gainful employment
iii. welfare and administrative assistance
iv. provisions concerning naturalisation
v. protection from expulsion.
Collect and make publicly available, reliable data on statelessness in Ireland
including disaggregated data on stateless children.
Introduce a dedicated statelessness determination procedure and protection
status that complies with international standards of due process and which
follows the guidance of UNHCR and good practice.
Grant a renewable residence permission to people determined to be stateless
valid for at least two years, accompanied by a travel document, the right to
work, family reunification, access to healthcare and social assistance, and a
route to permanent residence and facilitated naturalisation.
Incorporate into law the 1954 Convention and customary international law
definition of a stateless persons.
Protect every child’s right to acquire a nationality by amending the safeguard
to ensure all otherwise stateless children born in Ireland acquire Irish
nationality (by operation of the law), and adopting specific guidance on the
implementation of the safeguard in practice.
Protect the right to a nationality and ensure Ireland meets its international
obligations by introducing safeguards preventing the revocation of
naturalisation certificates, especially where this would give rise to
statelessness or would result in discriminatory or arbitrary revocation of
nationality or would amount to derivative loss of nationality.
Withdraw Ireland’s reservations to the 1954 and 1961 Statelessness
Conventions.
Accede to the 1997 European Convention on Nationality.
Provide and measure the impact of regular training on statelessness and
nationality rights, and the protection of human rights of stateless persons to
State authorities.
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