are also party to the CRC.19 Under the CRC, Contracting States are obliged to ensure
that all actions taken with respect to a child’s nationality are in the child’s best
interests.20 The CRC also provides for protection against discrimination on the basis
of the status of the child’s parents or guardians.21 As such, loss of nationality on
recognition of affiliation to a foreign parent should only be permitted if the child
automatically acquires the nationality of the parent who has recognised affiliation.
The 1961 Convention states that where a child who loses the nationality of a
Contracting State makes an application to recover nationality under Article 5(2) of the
1961 Convention, the Contracting State must not impose requirements more stringent
than the conditions found in Article 1(2) of the 1961 Convention. Those conditions are:
“that the application is lodged during a period, fixed by the Contracting State,
beginning not later than at the age of eighteen years and ending not earlier than
at the age of twenty-one years, so, however that the person concerned shall be
allowed at least one year during which he may himself make the application
without having to obtain legal authorization to do so” (Article 1(2)(a));
“that the person concerned has habitually resided in the territory of the
Contracting State for such period as may be fixed by that State, not exceeding
five years immediately preceding the lodging of the application nor ten years in
all” (Article 1(2)(b)); and
“that the person concerned has neither been convicted of an offence against
national security nor has been sentenced to imprisonment for a term of five
years or more on a criminal charge.” (Article 1(2)(c)).
Imposition of any additional or more onerous conditions would violate the terms of the
1961 Convention.22 Accordingly, no fee should be imposed for acquisition of
nationality under Article 5(2) of the 1961 Convention. As a matter of good practice,
Contracting States are encouraged not to apply the permitted conditions and simply
allow recovery of nationality upon submission of an application.23
Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21
December 2012, HCR/GS/12/04, https://www.refworld.org/docid/50d460c72.html, (UNHCR Guidelines on
Statelessness No. 4).
19 Article 31 of the Vienna Convention on the Law of Treaties sets out the general rule for interpretation of
treaties. Article 31(3)(c) provides that “There shall be taken into account … [a]ny relevant rules of international
law applicable in the relations between the parties.”
20 CRC, Articles 1, 3, 7, 8.
21 ibid, Article 2.
22 The condition stipulated in Article 1(2)(d) of the 1961 Convention has intentionally not been cited in these
Guidelines as it does not apply to circumstances encompassed by Article 5(2). See also UNHCR Guidelines on
Statelessness No. 4, para. 36.
23 Further interpretive guidance on the four conditions laid out in Article 1(2) may be found in UNHCR Guidelines
on Statelessness No. 4, paras. 37-48.
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