3. Trafficking as a factor increasing risk of statelessness
Trafficking does not only exploit existing vulnerabilities, but it also creates new ones, including a
heightened risk of statelessness. Traffickers often confiscate, destroy, or withhold identity
documents, and victims may not be in control of their lives for long periods of time, which could
lead to them being unable to renew documents and prove their links to a country of origin or
former habitual residence. Loss of contact with family members and/or loss of proof of links to a
country of origin can make it difficult to (re)obtain the documentation required to prove or acquire
nationality. Leaving victims with unknown or undetermined nationality for prolonged periods of
time undermines their protection and increases the risk of statelessness.
These risks are particularly acute for child victims of trafficking, who may grow up without any
documentation or a formal record of their place of birth or parents, or may have missed crucial
deadlines to confirm or acquire a nationality. Such gaps can place these children at risk of being
unable to ever confirm or acquire a nationality, with severe and long-lasting consequences for
their rights and protection if left unaddressed. Unaccompanied minors are a group at particular
risk, as they are already recognised as vulnerable both to trafficking and to the risk of
statelessness, yet limited attention has been given to how these vulnerabilities may compound
in practice.15
Determining children’s nationality, or supporting them to acquire a nationality as soon as
possible, must be understood as a core part of re‑establishing their identity, ensuring access to
fundamental rights during childhood, and determining a safe and sustainable solution in their
best interests in line with the Convention on the Rights of the Child. It is therefore essential that
responses to trafficking proactively consider the right to a nationality and prevention and
reduction of statelessness for all victims, irrespective of whether they have crossed an
international border. Establishing the child’s legal identity and whether they have a nationality
should form part of identification, risk assessment, protection, and support provision with
specialist legal assistance provided and referral to the competent authorities responsible for
statelessness and nationality determination if required to resolve any nationality issues or
indications of statelessness identified.
Recommendations to identify and protect stateless children in and from trafficking situations
In addition to the known challenges in identifying victims of human trafficking, awareness and
capacity to identify and record statelessness among people arriving in Europe have also often
been limited or inconsistent, including practices such as imputing nationality, or the prolonged
use of ‘unknown’ or ‘undetermined’ nationality in official data, as well as due to a lack of tools and
guidance for relevant frontline officials to identify indications of statelessness, including among
victims of human trafficking.
For people already within Europe, a related concern is the limited availability of routes to
regularisation. Only a small number of European States have procedures in place to determine
statelessness on their territory, and even where such procedures exist, some do not lead to
Sophie Nonnenmacher and Ryszard Cholewinski, ‘The nexus between statelessness and migration’. In: Edwards A,
van Waas L, editors. Nationality and Statelessness under International Law. Cambridge: Cambridge University Press;
2014. p. 247–63; EU, Report on the progress made in the European Union in combating trafficking in human beings
(Fifth Report), 20 January 2025.
15
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