UNHCR’s recent mapping study provides for the first
time, invaluable in-depth analysis of statelessness in
Austria. 5 This report aims to build on this with a specific
focus on childhood statelessness in Austria, highlighting
where gaps in law and policy remain, and making
recommendations for reform to bring Austrian legislation
in line with international standards under the 1954 and
1961 Conventions.
The first section of the report provides a brief overview
of the national and international context regarding
statelessness in Austria, including how statelessness
is defined in Austrian law and relevant international
instruments. The right to nationality is an important
aspect of international law and being stateless can have
a detrimental impact on the realisation of basic human
rights, such as the right to equal treatment before the
law, and to work, education and health.6 The second
section, therefore, outlines how nationality is regulated
in Austria, identifying shortcomings in Austrian
nationality law.
Statelessness at birth continues to be a persistent
problem in Austria.7 To address this, it is vital
to guarantee the protection of all children from
statelessness in both law and practice. In the third
section, the report evaluates the current position of
children in Austria who may fall into specific categories
for the acquisition of nationality such as adoption,
surrogacy or foundlings; and makes recommendations
for reform to bring Austrian law in line with international
legal standards.
The fourth section discusses the link between birth
registration and nationality, addressing barriers to
birth registration and documentation in the Austrian
context, analysing nationality and civil law, and making
recommendations for access to birth registration as
an essential tool for combating statelessness. The final
section summarises the report’s conclusions and makes
key recommendations towards ending childhood
statelessness in Austria.
5
UNHCR, “Mapping Statelessness in Austria” (January 2017), http://www.refworld.org/docid/58b6e5b14.html (accessed 1 February 2017)
6
UNHCR, “Handbook on Protection of Stateless Persons” (30 June 2014), http://www.refworld.org/docid/53b676aa4.html (accessed 14 January 2017), p. 1
7
UNHCR, “Mapping Statelessness in Austria” (January 2017), p. 83
04 | No child should be stateless in Austria