norms with a view to preventing statelessness among children has been issued9 and both the European Court of Human Rights and the Court of Justice of the European Union10 are taking an increased interest in nationality policy and the avoidance of statelessness in Europe.11 This is an opportune time for Europe to commit to the goal of eradicating statelessness by, at the very least, ensuring that no child born in Europe – or to European parents elsewhere – has to face life without a nationality. This publication addresses the challenge of preventing childhood statelessness in Europe. It begins by providing a summary of the overall international and regional legal framework relating to a child’s right to a nationality, including important elements of the guidance which has been issued on the interpretation and application of these norms. Thereafter, it addresses the specific issues that must be tackled in order to prevent childhood statelessness. For each individual theme discussed, a brief explanation is given of how statelessness may result if insufficient steps are taken to safeguard against it, followed by a description of the specific international and regional norms which are applicable. Then, making use of the comprehensive analysis conducted by the EUDO Observatory on Citizenship of nationality legislation in 41 European states,12 relevant secondary sources and information gathered through consultation with members of the European Network on Statelessness, as well as a number of other sources, an agenda for change is set out. This involves the identification of both good practices in respect of the prevention of childhood statelessness in Europe which can serve as a model for other states, as well as areas where the law or related practice leaves room for improvement. 2. Children’s right to a nationality The Convention on the Rights of the Child (CRC) provides in Article 7 that every child has the right to acquire a nationality and that states must ensure the implementation of this right ‘in particular where the child would otherwise be stateless’.13 The details of what this right entails will be discussed below. At the outset, however, it is important to emphasise that the fulfilment of this right does not require states to grant nationality to every child born on their territory, regardless of their circumstances.14 Rather, it is about ensuring that every child has a right to acquire a nationality and thus avoid statelessness. A key tool in achieving this is to introduce some jus soli elements in each state’s nationality law, to address those cases where the child would otherwise be stateless. Yet, the article is not only directed at the state on whose territory a child is born, but also to the state of the parents’ nationality.15 Apart from the right to a nationality, the CRC also contains general principles which are important for the protection of children. These principles must be taken into account when applying any child rights standards, including those relating to the avoidance of statelessness. One of these principles is that of non-discrimination.16 This means that discrimination on the basis of the status of the child or the child’s parents is not allowed. Another very important principle is that of ‘the best interests of the child’.17 Whenever any decision or action is made which involves a child, the primary consideration must always be what is in the best interests of the child. The right to a nationality is further laid down in the Universal Declaration of Human Rights,18 the International Covenant on Civil and Political Rights (ICCPR),19 the Convention on the Elimination of All Forms of Racial Discrimination (CERD),20 the Convention on the Elimination of All Forms of Discrimination Against Women 4 9 Most significantly in the form of UNHCR Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, issued in 2012 (available here: http://www.refworld.org/docid/50d460c72.html); but also Council of Europe Committee of Ministers Recommendation 2009/13 on The nationality of children (available here: https://wcd.coe.int/ViewDoc.jsp?id=1563529). 10 Note that, as European Union law currently stands, a stateless person cannot enjoy EU citizenship, regardless of how close his or her ties are with Europe (through, for instance, birth or residence), unless and until he or she is able to acquire the nationality or an EU member state. See article 20(1) of the Treaty on the Functioning of the European Union. 11 As discussed in L.E. van Waas, “Fighting Statelessness and Discriminatory Nationality Laws in Europe” in European Journal of Migration and Law, Vol. 14, 2012. 12 The 41 countries included in the EUDO analysis and which are considered in the present report are: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine and the United Kingdom. Please note that nationality laws often undergo amendments and that interpretation errors may be made in any large-scale comparative legal analysis. As such, it is recommended that the situation and needs in a particular country be reviewed directly on the basis of the applicable legislation in that state at the time that such information is required. 13 Article 7(1) CRC provides: ‘The Child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents’. In the second paragraph it is stated that ‘States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless’. Because the CRC is ratified by all states in the world except two, this is the most widely ratified right to a nationality. 14 Jaap Doek, ‘The CRC and the right to Acquire and Preserve a Nationality’ (2006) 25 Refugee Survey Quarterly 26, 26. 15 Gerard-René de Groot, ‘Children, their right to a Nationality and Child Statelessness’ in A. Edwards, L. van Waas (eds.) Nationality and Statelessness under International Law, (forthcoming). See also Laura E. van Waas, Nationality Matters (Antwerp/Oxford/Portland, Intersentia 2008) 63-4. 16 The non-discrimination principle can be found in Article 2 CRC. 17 Which can be found in Article 3 CRC. 18 Article 15. 19 Article 24(3). 20 Article 5(diii). 5