Merve Erdilmen and Iseult Honohan
7. Observations and Recommendations
1. Statelessness has become one of the most salient global issues with more than 10 million
stateless people – of which one third are children – around the world.13 (It has been estimated
that in 2018 roughly 400,000 of these are in Europe.)14 A higher proportion of EU Member
States than in most other regions of the world have some provisions for granting citizenship to
children born in the country who would otherwise be stateless. But fully adequate protection
against statelessness requires that ius soli citizenship be provided in all countries at birth for
stateless children in accordance with the provisions of the 1961 United Nations Convention on
the Reduction of Statelessness.15 Thus, Cyprus and Romania should take steps toward
introducing ius soli provisions for otherwise stateless children. Statelessness may arise also not
only where parents are stateless, but where they may not be able to transmit their citizenship
to their child. Thus, other Member States that provide for citizenship only where parents are
stateless, require other conditions, or delay the grant of citizenship, should review this to
include all children who would otherwise be stateless.
2. While it is of primary concern to prevent statelessness, so that every person has a citizenship,
it is also important that people can acquire citizenship in the specific country where they live.
Not only economic and social rights, but also citizenship and political rights are significant
pillars of immigrants’ pathway to integration. Naturalisation is only one way of achieving this.
The provision of citizenship on the basis of general modes of ius soli has been found to promote
the integration of immigrants. This calls for more extensive ius soli provisions at birth for
second and third generations. Although more EU Member States have recently introduced
elements of ius soli to their citizenship laws, so that 22 EU Member States have some provision
for citizenship to children born to non-citizens, many of these are in very restricted forms. We
have seen that most provide for only for stateless and foundlings. In addition to Cyprus (which
provides for neither) and Romania (which provides only for foundlings), another 16 EU
Member States have no general provision for ius soli at birth, although 9 of these (and
Romania) do have some provision for ius soli acquisition after birth.
Following the examples of Germany (2000) and Portugal (2006, 2019), other states
should introduce some more general provisions for ius soli citizenship at birth. There also is
scope for more countries to follow the initiatives taken in Greece and Luxembourg that have
broadened its availability on the basis of residence and education after birth, and introduced
double ius soli respectively. Even without ius soli, more countries could also introduce the kind
of provision for socialisation-based acquisition through declaration found in Sweden, rather
than through the variety of more discretionary processes that many involve. Discretionary
processes of naturalisation or onerous procedures should not be required for those who have
spent almost all their lives since birth in the country.
13
UNHCR. (2019). “Statelessness around the World”. Last accessed at: https://www.unhcr.org/statelessnessaround-the-world.html , January 2, 2020
14
European Migration Network (2020). “Statelessness in the European Union”. Last accessed at:
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/00_eu_inform_statelessness_en.pdf , February 19,
2020.
15
The 1961 United Nations Convention on the Reduction of Statelessness (Article 1 and Article 3) requires
states to grant citizenship to children who are otherwise stateless at birth either automatically at birth or upon
application.
RSCAS/GLOBALCIT-Comp. 2020/2 - © 2020 Authors
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