Chapter 3. The Council of Europe
should be promoted and supported”.595 Unfortunately, there are no clear steps included
to facilitate and/or monitor such promotion.
The Assembly has also drawn special attention to statelessness among children
in Europe in its 2016 resolution on the need to eradicate statelessness of children.596
In this resolution, the PACE asks member states to take steps to eradicate childhood
statelessness. In particular, it urges states to ratify the relevant legal instruments of
the CoE as well as the 1954 and the 1961 Conventions. It calls upon states to ensure
compliance with the aforementioned legal instruments in their domestic laws,
introduce or upgrade statelessness determination procedures, and ensure immediate
birth registration, which could aid in preventing and solving statelessness among
children. What is particularly interesting is that the PACE also invites states to
participate in UNHCR’s Global Plan to End Statelessness (2014–2024)597 and promote
the prevention and resolution of statelessness using, for instance, the UN UPR system.
This seems to indicate that statelessness among children is not an issue that can be
effectively addressed using only regional instruments, but should be addressed using all
(legal) means possible.
In terms of childhood statelessness, it is also interesting to note that the PACE
has discussed the issue of children’s rights related to surrogacy. In the report for the
PACE on the matter, it is explicitly noted that “cross-border surrogacy can be a source
of statelessness for children”.598 This indicates that any (legal) follow-up to this might
include something on the prevention of statelessness among children born as a result of
cross-border surrogacy arrangements. Unfortunately, however, the PACE voted against
the adoption of a recommendation to the CM599 on the exploration of the possibility of
European guidelines ensuring children’s rights in relation to surrogacy arrangement.600
Concerns regarding childhood statelessness have furthermore been highlighted
in the CoE Action Plan on Protecting Refugee and Migrant Children in Europe.
This plan was adopted in May 2017 by the CM and “outlines concrete actions for the
benefit of refugee and migrant children, according to their rights and adapted to their
specific situations.”601 This plan includes the objective of ensuring that every child
has a nationality and proposes that the implementation in practice of the principle of
avoiding statelessness in relation to child migrants is to be examined and appropriate
solutions should be identified in the form of practical guidance.
595
596
597
598
599
600
601
CoE CM Reply to PACE Recommendation 2042 (2014) (1205th meeting of the Ministers’ Deputies,
9 July 2014) Doc 13583.
PACE Resolution 2099 (2016): The Need to Eradicate Statelessness of Children.
See on UNHCR’s work also para 1.5.1.
PACE, ‘Report and Draft Recommendation: Children’s Rights Related to Surrogacy’, Doc 14140,
23 September 2016, para 21, 25.
PACE, ‘Children’s Rights Related to Surrogacy’, Doc 14140, 11 October 2016, compendium of
amendments to Draft Recommendation.
PACE, ‘Vote on Recommendation’ <http://assembly.coe.int/nw/xml/Votes/DB-VotesResults-EN.asp?
VoteID=36189&DocID=16001&MemberID=> accessed 26 May 2021.
CoE CM, ‘Action Plan on Protecting Refugee and Migrant Children’ (127th Session of the Committee
of Ministers, Nicosia, 19 May 2017) CM(2017)54-fi nal.
Intersentia
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