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 117

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