line with the 1961 Convention), but stateless children born on the territory aged between 0 to 17 years must have “lawful and habitual residence” in Denmark in order to acquire nationality (as allowed by the ECN) and are in practice required to present a formal, valid residence permit.31 22. Children under 18 years of age must therefore demonstrate lawful residence in order to be included in the ‘Naturalisation Bills’ and acquire Danish nationality. Children born stateless in Denmark who do not currently hold a valid residence permit have thus been excluded from the ‘Naturalisation Bills’ and denied the right to acquire Danish nationality, consequently remaining stateless. They will remain stateless for an indefinite period, and at least until they successfully submit a new application for nationality and a new ‘Naturalisation Bill’ is adopted in parliament.32 The requirement to be lawfully residing in Denmark has been applied by the Danish Government on the basis of Article 6.2 of the ECN, which allows for “lawful and habitual residence” to be imposed as a condition for the acquisition of nationality. 33 The Danish Minister for Immigration and Integration has stated that the right to acquire Danish nationality may be subject to the requirement of “lawful and habitual residence” for persons under the age of 18 because the Convention on the Rights of the Child indirectly refers to the European Convention on Nationality.34 This argument disregards the wider application of the CRC, principles of treaty interpretation,35 and the fact that the CRC predates the ECN, therefore it could not contain any implicit reference to the ECN. 23. Imposing a requirement to have “lawful and habitual residence” on children born in Denmark who would otherwise be stateless is in breach of Denmark’s international obligations. The legal framework applicable to stateless children must rely on a joint interpretation of Denmark’s international obligations under the CRC, the 1961 Convention and the ECN. As Denmark is bound both by the 1961 Convention and the ECN, the provisions affording the strongest protection must prevail. This interpretation finds clear support in Article 26(1) of the ECN, which states that the provisions of the ECN “shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to individuals in the field of nationality”. The 1961 Convention does not allow states to make an application for the acquisition of nationality of otherwise stateless individuals conditional on lawful residence, thus this should be the prevailing provision and applied to all children born in Denmark. 31 Minister of Immigration and Integration, response to the written question asked by the Naturalisation Committee of the Danish Parliament no. 8 to L 41, 11 December 2019; and Minister of Immigration and Integration, responses to the written question asked by the Naturalisation Committee of the Danish Parliament nos. 100-103, 12 May 2020. 32 It has been reported that some children born in Denmark who would otherwise be stateless have been excluded from the naturalisation bills, including children of stateless Palestinian refugees from Syria. The Danish Government argues that these children are not entitled to Danish nationality as long as they do not possess a residence permit (they were in a situation where their parents had failed to renew their residence permits). 33 Article 6.2 of the European Convention on Nationality states that “Each State Party shall provide in its internal law for its nationality to be acquired by children born on its territory who do not acquire at birth another nationality. Such nationality shall be granted: (a) at birth ex lege; or (b) subsequently, to children who remained stateless, upon an application being lodged with the appropriate authority, by or on behalf of the child concerned, in the manner prescribed by the internal law of the State Party. Such an application may be made subject to the lawful and habitual residence on its territory for a period not exceeding five years immediately preceding the lodging of the application.” 34 Minister of Immigration and Integration, response to the written question asked by the Naturalisation Committee of the Danish Parliament no. 8 to L 41, 11 December 2019; and Minister of Immigration and Integration, responses to the written question asked by the Naturalisation Committee of the Danish Parliament nos. 100-103, 12 May 2020. 35 1969 Vienna Convention on the Law of Treaties, Articles 30-33. 6