children born abroad. Where the nationality of the parents can be acquired through a registration or other procedure, this will be impossible owing to the very nature of refugee status which precludes refugee parents from contacting their consular authorities. In such circumstances where the child of a refugee would otherwise be stateless, the safeguard in Article 1 will apply. Depending on the approach adopted by the Contracting State of birth, the child either acquires the nationality of the State automatically at birth or at a later time through an application procedure. 28. The situation is different for children born to refugees who automatically acquire the parents’ nationality at birth. Such children have often been viewed as de facto stateless 19 persons. The Final Act of the 1961 Convention contains a non-binding recommendation that de facto stateless persons should as far as possible be treated as stateless persons. States are therefore encouraged to offer the possibility to acquire the nationality of the State of birth in the manner foreseen under Article 1(1) of the 1961 Convention. However, where the child of a refugee has acquired the nationality of the State of origin of the parents at birth, it is not desirable for host countries to provide for an automatic grant of nationality under Article 1(1) of the 1961 Convention at birth, especially in cases where dual nationality is not allowed in one or both States. Rather, States are advised that refugee children and their parents be given the possibility to decide for themselves, whether or not these children acquire the nationality of the State of birth, taking into account any plans they may have for future durable solutions (e.g. voluntary repatriation to the State of origin). III. GRANT OF NATIONALITY TO CHILDREN BORN IN THE TERRITORY OF A CONTRACTING STATE WHO WOULD OTHERWISE BE STATELESS (1961 CONVENTION ARTICLES 1(1) – 1(2)) a) Relation of Articles 1 and 4 29. The 1961 Convention and relevant universal and regional human rights norms do not dictate the basic rules according to which nationality must be granted or withdrawn by States. 20 In particular, the 1961 Convention does not require States to adopt a pure jus soli regime whereby States grant nationality to all children born in their territory. Similarly, it does not require adoption of the principle of jus sanguinis, or citizenship by descent. 30. Rather, the 1961 Convention requires that in instances where an individual would otherwise be stateless, the Contracting State in which the child is born grants its nationality to prevent statelessness (Article 1). In the event that a child is born to a national of a Contracting State in the territory of a non-Contracting State, a subsidiary obligation comes into play and the State of nationality of the parents must grant its nationality if the child would otherwise be stateless (Article 4). As a result, the 1961 Convention addresses conflicts of nationality laws through an approach that draws on the principles of both jus soli and jus sanguinis. 31. The nationality laws of States which grant nationality to all children born in the territory will always be compliant with Article 1 of the Convention. Put differently, a regime of unrestricted jus soli renders Article 1 of the Convention irrelevant with respect to children born in the territory of that State. Similarly, States which grant nationality by descent to all children born to their nationals abroad will always be compliant with Articles 1(4) and 4 of the Convention (described in detail below at paragraphs 49-52). Where some restrictions apply to jus soli transmission of nationality, such as residence requirements, these need to be assessed on the basis of Article 1(2) (please see below at paragraph 36). The same applies to limitations on jus sanguinis transmission with respect to the conditions allowed for under Article 4(2). granted, which enters into force on 21 December 2013 and supersedes Council Directive 2004/83/EC of 29 April 2004. 19 Please see on this term paragraph 8 of Definition Guidelines with reference to the Expert Meeting on the Concept of Stateless Persons under International Law (Summary Conclusions), 2010. 20 Jus soli means literally right of the soil; a person acquires the nationality of his or her State of birth. 7