24. Four groups of children are at particular risk of statelessness, which will be further
analysed below:
• children born in Hungary to stateless persons with no ‘domicile’;
• children born to parents who are unable to confer their nationality to their
children;
• children born to beneficiaries of international protection; and
• children adopted by Hungarian nationals.
Children born in Hungary to stateless persons without ‘domicile’
25. For a child born in Hungary to obtain Hungarian nationality automatically at birth, both
parents are required to be stateless and have ‘domicile’. 45 However, the concept of
‘domicile’ is extremely restrictive, which hinders access to nationality. Only some groups
of people are eligible for ‘domicile’. 46 Refugees, beneficiaries of subsidiary protection,47
EU citizens and third-country nationals holding a permanent residence permit are
eligible.48 Recognised stateless persons, beneficiaries of tolerated (befogadott) status,49
and third-country nationals without a permanent long-term residence status cannot
establish a domicile in Hungary.50
26. As a result, children born to stateless parents who do not have a ‘domicile’ in Hungary
will be born stateless, even if the parents are lawfully and habitually residing in Hungary
at the time of the birth. The same happens to children whose stateless parents have a
residence permit based on employment or studies, or who hold a tolerated status. The
right to a nationality of a child born to stateless parents who have been living in Hungary
for several years with a stateless status (and therefore without a ‘domicile’) is no
different from that of another child whose parents have been living in the country for
exactly the same period of time, but with a permanent residence permit or refugee
status (and therefore with a ‘domicile’). Consequently, the restrictive and discriminatory
use of the ‘domicile’ concept as a condition for the avoidance of statelessness at birth
does not only undermine the overall purpose of avoiding statelessness, but also leads to
further discrimination.
27. The ability to obtain Hungarian nationality through declaration was created to fulfil
Hungary’s international obligations and prevent statelessness at birth.51 However, this
provision is conditional on the parents having ‘domicile’ when the child was born, thus
permanently excluding children born to stateless parents without a ‘domicile’ from
obtaining Hungarian nationality.
45
Citizenship Act, Section 3 (3) (a). Law Decree 17 of 1982 on Civil Registration, Marriage and Names, Section 9 (7), as inserted
by Section 1 (4) of Act XLIX of 2011 and amended by Section 78 (3) of Act XCII of 2011. Note that Section 61 (5) of Act I of 2010
on Civil Registration Procedures contains an identical provision.
46 Citizenship Act, Section 23 (1). Act LXVI of 1992 on the Registration of Citizens’ Personal Data and Residence, Section 4 (1).
47 Cf. Act LXXX of 2007 on Asylum, Section 17(1).
48
Cf. Id., Section 32 (1).
49 See Act II of 2007 on the Entry and Stay of Third-Country Nationals, Sections 29 (1) (a)-(b). 52/A (1).
50 See Id., Sections 13-29.
51 Act LV of 1993 on Hungarian nationality, Sections 3(3), 5/A(1)(a) & (b):
http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713.
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