10
Refugee Law Initiative Working Paper 76
likely fall “outside a State’s protection system in the case of harmful practices such [as] child abduction or
abuse.”64 Given “the devastating psychological toll of statelessness” on children is avoidable, it becomes
necessary to ask why it continues.65
In the face of the prohibition derived from states’ legal obligations, childhood statelessness remains a problem. “There should be no stateless children in Europe.”66 When courts confront childhood statelessness, the
resulting interpretation of legal instruments and state duties either strengthens or weakens the opportunity to prevent statelessness in the future. This research endeavors to examine existing jurisprudence to
identify connections between particular elements of litigation and a court’s treatment of the child(ren) at
issue, and to determine whether certain combinations of elements may lead to certain outcomes.
hood (20 September 2006), para 25 <https://www.refworld.org/legal/general/crc/2006/en/40994> accessed 27 March 2025; Zhao v. Netherlands
CCPR/C/130/D/2918/2016 (HRC, 19 Dec 2020).
64
Jill Stein, ‘The Prevention of Child Statelessness at Birth: The UNCRC Committee’s Role and Potential’ (2016) 24 International Journal of
Children’s Rights 599, 619.
65
UNHCR (n 59) 1.
66
ENS (n 58) 3.