Chapter 3. The Council of Europe is to be found in the 1954 Convention and the explanations relating to the definition of statelessness, as well as the determination of statelessness available in the UNHCR Handbook on the Protection of Stateless Persons.679 In relation to children, the ECSS also contains a specific provision for avoiding statelessness at birth, in particular to prevent children from becoming stateless because their parents are stateless.680 Article 10 of this Treaty says that a predecessor or successor state shall grant nationality at birth to a child born following state succession on its territory to a parent who, at the time of state succession, had the nationality of the predecessor state if that child would otherwise be stateless. This provision can be compared with the provision for the prevention of statelessness at birth in Article 6, paragraph 2, of the ECN. However, not only in its scope does the provision in the ECSS differ from that in the ECN: the ECSS provides that nationality shall be acquired by a child ex lege, and does not provide states for the possibility of arranging this upon application, which is allowed under the ECN.681 Furthermore, no reservations can be made to this Article of the ECSS.682 As such, it should be rather effective in combatting childhood statelessness in the context of state succession and it also demonstrates how jus soli elements for addressing statelessness are finding its way into different CoE instruments on nationality and statelessness. The CM Recommendation on the avoidance and reduction of statelessness (1999) almost repeats the key principles on preventing childhood statelessness from the ECN683, stating that: “Each state should provide for its nationality to be acquired ex lege by children one of whose parents possesses, at the time of birth of these children, its nationality. Exceptions made with regard to children born abroad should not lead to situations of statelessness. Each state should ensure that its legislation provides for the acquisition of its nationality by children born on its territory who would otherwise be stateless.”684 Moreover, the specific CM Recommendation on the nationality of children of 2009685 contains 23 principles, which are grouped in different categories. The first ten principles deal with the reduction of statelessness of children specifically. The Recommendation 679 680 681 682 683 684 685 UNHCR, ‘Handbook on the Protection of Stateless Persons under the 1954 Convention Relating to the Status of Stateless Persons’ (Geneva, 2014) <www.unhcr.org/protection/statelessness/53b698ab9/ handbook-protection-stateless-persons.html> accessed 3 July 2021. CoE, Explanatory Report to the Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession (Strasbourg, 19 May 2006, CETS No. 200) para 42. Ibid, para 43. Art 20 ECSS. Reservations can only be made with regard to Arts 7, 8(2), 12 and 14(2)b. Art 6(1) & 6(2) ECN. CM Recommendation No. R (99) 18 of the Committee of Ministers to the Member States on the avoidance and reduction of statelessness (679th meeting of the Ministers’ Deputies, 15 September 1999), paras II.A.a & II.A.b. 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). Intersentia 129