procedure are met. The exhaustive nature of the list of possible requirements means that States cannot establish conditions for the grant of nationality additional to those stipulated in 24 the Convention. As a result, it is not consistent with Article 1(2) to require that the parents of 25 the individual concerned possess a specific type of residence in the State. Similarly, providing for a discretionary naturalization procedure for children who would otherwise be stateless is not permissible under the 1961 Convention. A State may nevertheless choose not to apply any of the permitted conditions and simply grant nationality upon submission of an application. Application within a prescribed period at the end of childhood (1961 Convention, Article 1(2)(a)) 26 38. Pursuant to international human rights obligations, Contracting States that opt to grant nationality upon application pursuant to Article 1(1)(b) of the 1961 Convention, are to accept such applications from children who would otherwise be stateless born in their territory as 27 soon as possible after their birth and during childhood. 39. Where Contracting States set deadlines to receive applications at a later time from individuals born in their territory who would otherwise be stateless, they need to accept applications lodged at a time beginning not later than the age of 18 and ending not earlier than the age of 21 in accordance with Article 1(2)(a) of the 1961 Convention. This provision ensures that these individuals have a window of at least three years after majority within 28 which to lodge their applications. Habitual residence (1961 Convention, Article 1(2)(b)) 40. States may stipulate that an individual who would otherwise be stateless born in its territory fulfils a period of “habitual residence” in the territory of the State of birth in order to acquire that State’s nationality. This period is not to exceed five years immediately preceding an application nor ten years in all. In light of the standards established under the CRC, these periods are lengthy. States which apply an application procedure and require a certain period 29 of habitual residence are encouraged to provide for a period as short as possible. 30 41. The term “habitual residence” is found in a number of international instruments and is to 31 be understood as stable, factual residence. It does not imply a legal or formal residence requirement. The 1961 Convention does not permit Contracting States to make an application for the acquisition of nationality by individuals who would otherwise be stateless conditional upon lawful residence. 24 This also applies for the application procedures of Article 1(4) and Article 4. In this context the scope of the non-discrimination provision set out in Article 2 of the CRC is relevant, specifically paragraph 2: “States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members” (emphasis added). 26 Please refer to paragraphs 34 and 35 above. 27 This also applies for the application procedure of Article 4. 28 Furthermore, Article 1(2)(a) of the 1961 Convention provides that the person concerned shall be allowed at least one year during which to make the application without having to obtain authorization of the parent or guardian to do so. This additional rule was important at the time when most States provided that the age of majority was 21, but is now less important where the age of majority is generally 18 years of age. 29 Please see paragraph 11 above. This also applies for the period of habitual residence which may be acquired under Article 1(5) and Article 4(2). 30 For example, the term is also used in the treaties prepared by The Hague Conferences on Private International Law, the drafters of which have sought to harmonize its’ usage. The term is found also in Article 1A(2) of the 1951 Convention relating to the Status of Refugees and according to the Travaux Préparatoires of that treaty it refers to “the country in which [the stateless applicant] has resided and where he had suffered or fears he would suffer persecution if he returned”. UN Ad Hoc Committee on Refugees and Stateless Persons, Report of the Ad Hoc Committee on Statelessness and Related Persons (Lake Success, New York, 16 January to 16 February 1950), 17 February 1950, E/1618; E/AC.35/5, p. 39, available at: http://www.unhcr.org/refworld/docid/40aa15374.html. Please see also UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paragraph 103. Please see also Article 1 of the 2006 Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession and the Explanatory Report on that Convention, and Resolution (72)1 of the Council of Europe. 31 This also applies for the term “habitual residence” in Article 1(5) and Article 4(2) of the 1961 Convention. 25 9