abroad to Hungarian nationals.14 However, there are only partial safeguards to prevent children from being born stateless on the territory.15 Adopted stateless children remain stateless until they acquire nationality through naturalisation, and although births will be registered regardless of parents’ status, officials will register a child as having ‘unknown nationality’ unless there is clear evidence that the child is a Hungarian national or stateless, causing significant problems for children later in life.16 ISSUE 1 – The right of every child to acquire a nationality and the prevention of statelessness at birth 17. Considering it is State party to the international and regional instruments outlined above (see Hungary’s International Obligations), Hungary has the following obligations to protect every child’s right to acquire a nationality and prevent statelessness in children born on its territory: I. II. III. IV. V. The right of every child to acquire a nationality, with particular attention to those children who would otherwise be stateless;17 The automatic acquisition of nationality by foundlings found on its territory;18 The acquisition of nationality by children born on its territory who do not acquire another nationality, either at birth or subsequently if they remain stateless; enabling children who remain stateless to acquire nationality upon application (with the possibility to require a maximum of five years of habitual residence before submitting the application, but no other conditions);19 and the period in which persons concerned can lodge this application shall not start later than at the age of 18 years and shall not end earlier than at the age of 21 years;20 and The prohibition of discrimination against any child or their parents or guardians and the obligation to ensure that the best interests of the child are a primary consideration for authorities in dealing with all the matters above.21 18. Under Article 1 of the 1961 Convention, Contracting States have two alternative options for granting nationality to children born on their territory who would otherwise be stateless, either through automatic acquisition at birth (Article 1(1)(a)) or acquisition of nationality upon application (Article 1(1)(b)). The State may impose certain conditions on the granting of nationality by application, which are exhaustively listed in Article 1(2). According to the 1961 Convention, a Contracting State may make the grant of its 14 Statelessness Index, Hungary: https://index.statelessness.eu/country/hungary. See also Gábor Gyulai, The Black Box of Nationality – The naturalisation of refugees and stateless persons in Hungary, Hungarian Helsinki Committee, 2016: https://www.refworld.org/docid/5792070a4.html. 15 Ibid. 16 Ibid. 17 1989 Convention on the Rights of the Child, Article 7. 18 1997 European Convention on Nationality, Article 6(1)(b); 1961 Convention on the Reduction of Statelessness, Article 2. 19 1997 European Convention on Nationality, Article 6(2); 1961 Convention on the Reduction of Statelessness, Article 1(2)(b). 20 1961 Convention on the Reduction of Statelessness, Article 1(2)(a). 21 1989 Convention on the Rights of the Child, Articles 2 and 3. 5