24. In order to avoid violations of the rights of stateless persons, applicants should not be removed during a determination procedure and should instead be granted a temporary legal status, in compliance with the guidance provided in the UNHCR Handbook.33 At a minimum, persons applying for statelessness recognition should be issued an identity paper and be granted assistance to meet basic needs, as well as the right to work, freedom of movement and protection against expulsion and arbitrary detention. Ideally, applicants should be offered the same standard of treatment as asylum-seekers.34 The Right of Every Child to Acquire a Nationality 25. Article 7(1) of the CRC and Article 24(3) of the ICCPR guarantee that every child has the right to acquire a nationality. Article 7(2) of the CRC requires that state parties ‘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’. Stateless children are vulnerable to discrimination, in particular with regard to access to education, health and social assistance, and they also face the risk of serious human rights violations. 26. The right of the child to acquire a nationality must be implemented in accordance with the general principles of the CRC, including the right to non-discrimination and the best interest of the child.35 Articles 3 and 7 of the CRC require that no child should be left stateless for an extended period of time, but should be granted the right to acquire a nationality at birth or as soon as possible after birth.36 As a party to the 1961 Convention on the Reduction of Statelessness, Canada is obliged to ensure that its citizenship laws and policies reflect the provisions of the Convention so that those who might otherwise be stateless may be granted citizenship. 27. Canada grants citizenship based on both jus soli and first generation jus sanguinis bases.37 In general, all children born in Canada, as well as those born abroad to Canadian-born parents, are Canadian citizens. An exception arises with respect to children born in Canada to diplomatic officials and staff of foreign countries, including the United Nations or similar international agencies, who have diplomatic status.38 All other children born in Canada are entitled to Canadian citizenship, regardless of their parents’ legal status or nationality. 28. In 2009, Canada’s Citizenship Act was amended so that jus sanguinis citizenship was restricted to the first generation born abroad. As a result, a child born outside of Canada to a Canadian citizen parent who was also born outside of Canada is not a Canadian citizen.39 Individuals born outside of Canada after the coming into force of the amendment, on or after April 17, 2009 can apply directly to the Minister of Immigration, Refugees and Citizenship for Canadian citizenship if they meeting the following criteria: International human rights obligations”. UNHCR, 2015, page 30. 33 UNHCR, Statelessness Handbook (note 12), paras 72, 145 and 146. 34 Ibid, paras 145 and 146. 35 Articles 2 and 3 Convention on the Rights of the Child of 1989. 36 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, 21 December 2012, HCR/GS/12/04, available at: http://www.refworld.org/docid/50d460c72.html, para 11. See also PACE Resolution 1989 (2014) (note 51), para 5.2.7; PACE, Resolution 2099 (2016) (note 51), para 12.2.2. 37 Section 3(1). Citizenship Act, R.S.C., 1985, c. C-29. 38 Section 3(2). Citizenship Act, R.S.C., 1985, c. C-29. 39 Section 3(3). Citizenship Act, R.S.C., 1985, c. C-29. 6