Chapter 3. The Council of Europe
children, such as refugee children, children born on the territory of the member
states, and children with links to suspected foreign terrorist fighters. Implementation
of CM Recommendation on the nationality of children was highlighted as a necessary
step in preventing statelessness, but it was also recognized that some further guidance
on migrant or refugee children born aboard might be necessary.607 Overall, the
conclusions of this technical meeting pointed at the need for cooperation, exchange
of information and further experts meetings and/or guidance to be developed on
the basis of existing legal instruments.608 The international conference the next day
reiterated the need for cooperation between the CoE and CDCJ in particular with
UNHCR, civil society organizations, affected people and member state governments.
There was a clear belief that the existing standards on statelessness in the CoE were
sufficient, but that there was a need for implementation of those, and – as necessary
– additional guidance on how to implement these standards. Indeed, as Christophe
Poirel pointed out: “The number one priority is implementing legislation”.609 In
December 2021, the CDCJ indicated, taking note of the outcomes of the International
Conference and Technical Meeting of Experts, that it will “prioritise as follow-up
activities […] guidance on child sensitive procedures in administrative and migration
law matters for stateless children or children at risk of being stateless and guidance on
the establishment of nationality, in particular for children”.610
Another priority that the CDCJ is currently working on in its standard setting
activities, and has some links with statelessness, is that of administrative detention of
migrants.611 Research has shown that stateless people in Europe can (repeatedly) end up
immigration detention because of their status.612 The CDCJ has established a committee
of experts working on the issue: the Committee of Experts on Administrative Detention
of Migrants (CJ-DAM). The CJ-DAM’s main task is to draft a codifying instrument on
the administrative detention of migrants, based on existing international and regional
standards on this matter.613 A first draft of this instrument is available614 and has
been commented on by stakeholders and civil society. These comments included the
607
608
609
610
611
612
613
614
Ibid.
Ibid.
Translated from the contribution of Christophe Poirel during the High-Level Panel ‘Eradicating
Statelessness in Europe: Progress, Challenges and Opportunities’ of the 2021 Conference Statelessness
and the Right to a Nationality in Europe: Progress, Challenges and Opportunities (Strasbourg,
24 September 2021).
CDCJ, ‘97th Meeting of the European Committee on Legal Co-operation, Strasbourg, 1–3 December
2021 – Abridged Meeting Report’ (2021) CDCJ(2021)33, para 6.
More information and documents available at <https://www.coe.int/en/web/cdcj/activities/
administrative-detention-migrants> accessed 27 May 2021.
See the research conducted by ENS at <https://www.statelessness.eu/issues/preventing-arbitrarydetention> accessed 27 May 2021.
CDCJ, ‘Terms of Reference of CJ-DAM’, CJ-DAM(2016)1 (adopted by the Committee of Ministers at
the 1241st Meeting of Ministers’ Deputies, 24–26 November 2015).
CDCJ, ‘Codifying Instrument of European Rules on the Administrative Detention of Migrants.
1st Draft (Strasbourg, 18 May 2017) <https://rm.coe.int/european-rules-on-the-administrativedetention-of-migrants-draft-codif/1680714cc1> accessed 27 May 2021.
Intersentia
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