Chapter 1. Introduction
people can be found more steadily from the 16th century onwards in parishes keeping
track of members. Indeed, “the success of civil registration in Europe” has been held
to be “the outcome of a long history of recording events in parish registers”.86 These
registers could include information on affi liation to particular denominations,
marriages, births and deaths.
Legal instruments and states today often operate from a presumption that these
systems of registration and identification – more advanced than the abovementioned
parish registers of course – exist and in practice, (stateless) individuals are confronted
with their importance. To start with, the dominant principles in attributing
nationality already demand that the parents or place of birth is known (and officially
recorded) in order for a newborn to be considered as a national. And in practice, we
see that registration and identification present difficulties for stateless people. In the
Netherlands, for instance, the main avenue for recognition as a stateless person is – as
it stands January 2022 – to be registered in the Dutch Basic Registration of Persons
(Basisregistratie Personen, BRP) by the municipal authorities as such. In order to be
registered as stateless, a person should, however, be able to identify as being stateless
using official legal documentation certifying that (s)he is stateless. This has proven
to be very hard, which has likely led to stateless people – including children – being
registered as of ‘unknown nationality’ – a practice common in more European states.87
Furthermore, it has proven to be near impossible to change a designation in the BRP
as of ‘unknown nationality’ to ‘stateless’.88 As such, the importance of being recorded
properly in the official registration system is even bigger, as is – in turn – having proper
documentation to that end to ‘prove’ your (lack of any) nationality.
At the same time, registration of the (lack of any) nationality of an individual is
important to (practically) ‘implementing’ nationality matters at a national level: “states
create and interrogate individual’s evidence of citizenship”89, which is often particularly
important when potential benefits of nationality (or of being recognized as stateless) are
at stake. Here, think for instance about the possibility of a national to participate in
public life and democratic processes. As such, the registration and administration of
people as belonging to a certain state or not is often considered an important part of
our understanding of nationality today. This might also be a reason for the inclusion
86
87
88
89
publications/pdf/technical/TP2018–1.pdf> accessed 22 August 2021, who mentions that “[t]here may
have been attempts at registration of births and deaths in Antiquity, but these have left no traces in the
statistical record”.
Etienne van de Walle, ‘Historial Development of Civil Registration Systems: A European Perspective’
(2018) UN Department of Economic and Social Affairs Population Division Technical Paper No.
2018/1,
2
<https://www.un.org/en/development/desa/population/publications/pdf/technical/
TP2018–1.pdf> accessed 22 August 2021.
ENS, ‘No Child Should Be Stateless’ (ENS 2015) <https://www.statelessness.eu/sites/www.
statelessness.eu/fi les/ENS_NoChildStateless_final.pdf> accessed 22 August 2021.
Karel Hendriks, Jelle Klaas & Marlotte van Dael, ‘Juridische spoken verdwijnen nog niet’ [Legal ghosts
are not disappearing yet] (2017) 2 Asiel & Migrantenrecht 75, 77.
Benjamin N Lawrance & Jacqueline Stevens (eds), Citizenship in Question. Evidentiary Birthright and
Statelessness (Duke University Press 2017) 2.
Intersentia
23
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