10 Actions to End Statelessness To implement this safeguard, States need to take steps to ascertain whether a child born in the territory whose nationality is unclear, has acquired the nationality of another State. If not, the State in which the child is born is required to grant its nationality so that the child is not left stateless. In accordance with the principle of the best interests of the child, it is recommended that States automatically grant their nationality to children in such situations. Nationality laws also require a safeguard to grant nationality to children born to nationals abroad and who would otherwise be stateless. Another important provision to be included in nationality laws is the rule that foundlings (found children of unknown parentage) are to be presumed to be nationals of the State in which they are found. Improving birth registration to prevent statelessness amongst children, as envisaged under Action 7, will be important to ensure implementation of Action 2. 4. Support initiatives by the legal community to ensure the grant of nationality to children who would otherwise be stateless, including through strategic litigation. Build the capacity of legal professionals and the justice sector on statelessness and nationality issues. 5. Advocate for law and policy measures to enable children to access key health, education and other services while their nationality status is being resolved. WHAT EXISTING CIRCUMSTANCES CAN FACILITATE IMPLEMENTATION OF THIS ACTION? • • HOW CAN UNHCR HELP? Major activities: 1. Raise awareness of the safeguards to prevent statelessness among children and how these are to be implemented, including in the refugee context. 2. Advocate and provide technical advice for reform of nationality laws, policies and procedures to permit acquisition of nationality by children who would otherwise be stateless and to grant nationality to foundlings. 3. Coordinate with UNICEF and civil society organisations active in the area of child rights to build awareness and disseminate information. Virtually all States are party to the Convention on the Rights of the Child and/or the International Covenant on Civil and Political Rights which recognize the right of every child to acquire a nationality. Commitments made in the context of the Universal Periodic Review of the Human Rights Council and recommendations made to particular States by UN human rights treaty bodies and special procedures. WHAT ARE THE OBSTACLES TO IMPLEMENTING THIS ACTION? • • • There is limited awareness of the importance of the safeguard to prevent statelessness among children. There is a misconception in some States that the safeguards require grant of nationality to all children born in the territory. Reforms of nationality laws are sometimes difficult to achieve and may require additional reforms to related legislation or the Constitution. U N H C R > G LO B A L AC T I O N P L A N TO E N D S TAT E L E S S N E S S : 2 0 1 4 – 2 0 2 4 13