2022
Statelessness & Citizenship Review
4(1)
alone.29 Those deemed stateless include members of minority populations already
considered stateless, such as some Kurds or Palestinians; a driver for why people
seek asylum in the first instance. 30 Countries in Europe also have legislative gaps
and variations in implementation practices to support those who are on the move
and stateless, or to protect children who are in danger of becoming stateless
because their parents are on the move.31 While a signatory to the 1954 United
Nations Convention relating to the Status of Stateless Persons,32 there is no
statelessness determination procedure in Greece. 33 The reality of what happens on
the ground when children are born stateless in Greece is also unclear, despite
comprehensive guidance in national law to uphold the right to a nationality. 34 As
noted by UNHCR, ‘statelessness is often caused by States’ deliberate policies not
to confer nationality to children born to refugees’.35 In the case of Greece, a lack
of parental identity documents may result in families being unable to register the
birth of their children. If children are also unable to secure their parents’
citizenship by descent, they are left de jure stateless.36 Furthermore, access to
education, including preschool education, is dependent on the production of a birth
certificate; while birth registration processes often depend on verification by
medical services, with fines imposed if registration is not undertaken within 10
days of birth — an issue for families without knowledge of the Greek system or
language.37
Refugee Trauma Initiative (‘RTI’), now known as Amna, was founded in 2016
in response to 13,000 Syrian refugees becoming stranded in Idomeni, northern
Greece, having crossed the border from Turkey. 38 Caught by the agreement
between the European Union and Turkey in March 2016 to return arrivals, and by
the closure of national borders across Europe, people were left in limbo in Greece.
RTI established activities for refugee children, young people, women and men in
a tent in Idomeni; a safe haven for those who had experienced loss, violence and
displacement.
It is perhaps not surprising that refugee parents participating in RTI’s sessions
frequently reported depression, anxiety and flashbacks to the conflicts that they
29
30
31
32
33
34
35
36
37
38
‘Statelessness and Refugees in Greece’, Stateless Journeys (Web Page)
<https://statelessjourneys.org/resources/statelessness-and-refugees-in-greece>
(‘Stateless
Journeys: Greece’).
See generally Susan Musarrat Akram, ‘The Search for Protection for Stateless Refugees in
the Middle East: Palestinians and Kurds in Lebanon and Jordan’ (2018) 30(3) International
Journal of Refugee Law 407.
See Inge Sturkenboom and Laura van Waas, ‘How Real Is the Risk of a “Stateless
Generation” in Europe?: Reflections on How to Fulfil the Right to a Nationality for Children
Born to Refugee and Migrant Parents in the European Union’ in Olivier Vonk and Susan
Rutten (eds), Grootboek: Liber Amicorum Prof Mr Gerard-René de Groot (Wolters Kluwer
2016) 373.
Convention Relating to the Status of Stateless Persons, adopted 28 September 1954, 360
UNTS 117 (entered into force 6 June 1960).
‘Stateless Journeys: Greece’ (n 29).
See Mariangela Veikou, ‘Back to Basics: Stateless Women and Children in Greece’ (2017)
19(5) Journal of Balkan and Near Eastern Studies 557.
UNHCR, Refugee Children: Guidelines on Protection and Care (Report, 1994) 104.
‘Greece’, Statelessness Index (Web Page, March 2021) <https://index.statelessness.eu/
country/greece>.
‘Stateless Journeys: Greece’ (n 29).
‘About Us’, Refugee Trauma Initiative (Web Page) <https://www.refugeetrauma.org/aboutus>. See also ‘About Us’, Amna (Web Page) <https://amna.org/about-us/>.
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