Preventing and Addressing Statelessness
123
independent human rights institutions, may be used to prevent and address
statelessness.
3.2.1
Ratification of Other Key International Human Rights Instruments
and Legislative Measures
With regards to preventing and addressing cases of statelessness, an important
step would be ratification of the 1954 and 1961 Conventions31 by those States
which have yet to ratify. This may of course necessitate reform of domestic
legislation, particularly laws governing the granting of nationality.
3.2.2
Collection and Analysis of Disaggregated Data and Documentation
of Case Studies
While the complexity and challenges of international surrogacy cases have
been highlighted from time to time in the media or debated before the courts,
comprehensive data about the real scale of the practice as well as the outcomes
for children concerned is sorely lacking.
The European Parliament (EP) and HCCH Secretariat have started to map
current State policy and practices, but there is a need for better data collection
at the national level in order to assist both with identification of cases as well
as the formulation of responses to this relatively new phenomenon. A recent
EP study32 found an increasing prevalence of surrogacy in the European Union
(EU), but also confirmed that there is only limited data available and a need to
improve systems to routinely record relevant information across all EU
Member States. The EP study also calls for further empirical and qualitative
research to inform policy and legislative work in this area.
3.2.3
Clear Accountability and Co-ordination Mechanisms
General Comment No 5 also makes the case for strategic concerted efforts,
notably national action plans, as well as clear accountabilities and coordination mechanisms. Similarly, UNHCR recommends the creation of
specific stateless determination procedures,33 which could assist States to
31
32
33
Convention on the Reduction of Statelessness (adopted 30 August 1961; entered into
force 13 December 1975) 989 UNTS 175 (1961 Convention) <http://www.refworld.org/
docid/3ae6b39620.html> accessed 16 September 2013.
European Parliament, A Comparative Study on the Regime of Surrogacy in EU Member
States (European Parliament 2013) <http://www.europarl.europa.eu/delegations/en/
studiesdownload.html?languageDocument=EN&file=93673> accessed on 15 September 2013.
UNHCR ‘Guidelines on Statelessness No. 2: Procedures for Determining whether an
Individual is a Stateless Person’ (5 April 2012) HCR/GS/12/02 <http://www.refworld.org/
docid/4f7dafb52.html> accessed 16 September 2013.
tilburg law review 19 (2014) 117-126
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents