Article 3 of the CRC, which describes the principle of the best interest of the child, that a child may not be left
stateless for an extended period of time.321 Specifically, when read with Article 1 of the 1961 Convention, the
right of every child to acquire a nationality (Article 7 of the CRC) and the principle of the best interests of the
child (Article 3 of the CRC) require that States grant nationality to children born in their territory who would
otherwise be stateless either (i) automatically at birth or (ii) upon application shortly after birth. Thus, if the
State imposes conditions for an application as allowed for under Article 1(2) of the 1961 Convention, this
must not have the effect of leaving the child stateless for a considerable period of time.322
Moreover, a Contracting State may apply a combination of the alternatives for acquisition of its nationality
by providing different modes of acquisition based on the level of attachment of an individual to that State.
For example, a Contracting State might provide for automatic acquisition of its nationality by children born
in their territory who would otherwise be stateless whose parents are permanent or legal residents in the
State, whereas it might require an application procedure for those whose parents are not legal residents. Any
distinction in treatment of different groups, however, must serve a legitimate purpose, cannot be based on
discriminatory grounds and must be reasonable and proportionate.323
Lithuanian law contains a combination of modes of acquisition, where certain children born stateless
acquire Lithuanian nationality at birth, while other categories of children born stateless have to follow an
application procedure, with stipulated requirements.
A child with parents who are stateless lawful permanent residents324 of Lithuania, or a child with one parent
who is a stateless lawful permanent resident and one unknown parent, acquires Lithuanian citizenship
automatically at birth if the child would otherwise be stateless. This provision applies regardless of whether
the child was born on Lithuanian territory or abroad.325
However, as the provision in Article 15 of the Law on Citizenship does not cover all children falling within
the scope of Article 1 of the 1961 Convention, such as children born to parents who cannot confer their
nationality(ies) to their child due to conflict of laws, or children to stateless parents who are habitually but
not permanently residents, it is important that the application procedure set out in Article 18 of the Law on
Citizenship ensures that the other children born stateless in the territory have a non-discretionary right to
Lithuanian citizenship.
On 9 July 2012, the Ministry of the Interior proposed a legislative initiative aiming to bring the national Law
on Citizenship in line with the 1961 Convention. The proposed amendments to Articles 18 and 40 of the
Law were adopted on 9 May 2013, when Lithuania acceded to the 1961 Convention.326 The amendments
introduced a new paragraph 2 to Article 18 of the Law on Citizenship, which deals with the granting of
citizenship to persons born stateless in Lithuania, by application. The adopted text reads as follows:
Citizenship of the Republic of Lithuania may be granted to a stateless person who was born in
Lithuania if he or she has been a lawfully permanent resident in the Republic of Lithuania during
the previous 5 years, has not acquired the citizenship of another country, has a right to reside in
the Republic of Lithuania at the moment of submission of application for Lithuanian citizenship
321
UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21 December 2012, HCR/GS/12/04, para 11, available
at: http://www.refworld.org/docid/50d460c72.html.
322
Ibid., para 34.
323
UNHCR Guidelines on Statelessness No. 4, para. 35.
324
Pursuant to Article 2(18) of the Law on Citizenship, lawful permanent residence means the uninterrupted residence of a citizen
of another State or a stateless person in the Republic of Lithuania, holding a document entitling or attesting to the right of
residence in the Republic of Lithuania.
325
Article 15 of the Law on Citizenship.
326
Law Amending and Supplementing Articles 18 and 40 of the Law on Citizenship No. XII-269 of 9 May 2013.
U N H C R S TO C K H O L M , M AY 2 0 1 6
73
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