Chapter 3. The Council of Europe
by the ECtHR. In this light, and given the human rights perspective of this study on
preventing and solving statelessness, paragraph 3.2.3 looks at the efforts of the CoE in
the area of human rights in relation to nationality matters and statelessness. Paragraph
3.2.4 provides some concluding remarks, before turning to the deeper analysis in
section 3.3 of this chapter.
3.2.2. NATIONALITY AND STATELESSNESS
Issues of nationality and statelessness have been addressed specifically in various
legal instruments that were developed in the context of the CoE. Already in 1954,
the question of perhaps concluding a specific European treaty on statelessness and
multiple nationality was put on the agenda of the CoE by the Assembly.508 In light of
the international legal developments at the time – the adoption of the 1954 Convention
specifically – it was felt that it was unnecessary to pursue this further. Still, the CoE has
adopted a number of relevant instruments over time. Below, these different instruments
are introduced, starting as early as 1963 with the Convention on the Reduction of
Cases of Multiple Nationality509 and including also later efforts of the CoE, such as
the CM Recommendation on the nationality of children of 2009.510 The overview
of key instruments is provided in chronological order, so as to also demonstrate the
development of law on nationality and statelessness over time. At the end, an overview
is given of ‘other’ legal instruments on nationality and statelessness, including CM
Recommendations and other efforts on these matters.
1963 Convention on the Reduction of Cases of Multiple Nationality and on Military
Obligations in Cases of Multiple Nationality
In 1963, the Convention on the Reduction of Cases of Multiple Nationality and on Military
Obligations in Cases of Multiple Nationality (1963 CoE Convention) was adopted. Later, a
number of Protocols were added511, which considered the communication between states
about acquisition of nationality, as well as addressing developments since adoption of the
508
509
510
511
PACE Recommendation 87 (1955): Statelessness (adopted by the Assembly at its 24th Sitting on
25 October 1955).
Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of
Multiple Nationality (Strasbourg, 1963, CETS No. 043).
Recommendation CM/Rec (2009) 13 of the Committee of Ministers to member states on the
nationality of children (adopted by the Committee of Ministers on 9 December 2009 at the 1073rd
meeting of the Ministers’ Deputies).
Protocol amending the Convention on the Reduction of Cases of Multiple Nationality and Military
Obligations in Cases of Multiple Nationality (Strasbourg, 1977, CETS No. 095); Additional Protocol
to the Convention on the Reduction of Cases of Multiple Nationality and Military Obligations
in Cases of Multiple Nationality (Strasbourg, 1977, CETS No. 096); Second Protocol amending the
Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of
Multiple Nationality (Strasbourg, 1993, CETS No. 149). See also Alfred M Boll, Multiple Nationality
and International Law (Martinus Nijhoff Publishers 2007) 199–203.
Intersentia
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