At the European regional level, the Council of Europe has adopted two instruments of particular relevance to the question of statelessness. The European Convention on Nationality (ECN) entered into force in 2000 and currently has 20 States Parties.21 In its Article 4, the ECN states that the rules on nationality of each State Party shall be based on, among other things, the principle that statelessness shall be avoided. While broader in scope, covering a range of questions relating to the acquisition and loss of nationality, this instrument contains safeguards similar to those found in the 1961 Convention. Article 6(2) of the ECN provides a safeguard against statelessness at birth similar, though not identical, to that of the 1961 Convention. Also, Article 6(1)(b) provides that foundlings are to acquire nationality if they would otherwise be stateless. In addition, Article 6(4)(g) determines that the State Party shall facilitate the acquisition of its nationality for stateless persons. Finally, Article 7 of the ECN, on the loss of nationality ex lege or at the initiative of a State Party, contains a safeguard against statelessness. The European Convention on the Avoidance of Statelessness in Relation to the Succession of States entered into force in 2009 and currently has six States Parties.22 It establishes rules for the acquisition of nationality with a view to preventing statelessness in the context of State succession. In addition to these two specific instruments, the European Convention on Human Rights and Fundamental Freedoms (ECHR) is also increasingly relevant to the prevention of statelessness and the protection of stateless persons. Although the ECHR does not explicitly protect the right to a nationality, the European Court of Human Rights has recognized in its jurisprudence that the impact of the denial of citizenship on a person’s social identity brings it within the scope of Article 8 of the ECHR, which enshrines the right to respect for private and family life.23 Furthermore, the ECHR sets out rights to be enjoyed by all persons within a State’s jurisdiction, whether they are the State’s own nationals, foreign nationals or stateless persons. 12 21 See Council of Europe’s Treaty Office, available at: http://goo.gl/k7bvWl. 22 See Council of Europe’s Treaty Office, available at: http://goo.gl/XaOevN. 23 See Genovese v. Malta, Application no. 53124/09, Council of Europe: European Court of Human Rights, 11 October 2011, available at: http://www.refworld.org/docid/509ea0852.html. M A P P I N G S TAT E L E S S N E S S I N S W E D E N

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