EUROPEAN UNION AGENCY FOR ASYLUM of nationality contrary to international law). The forced attribution may in itself be considered as an act of persecution or serious harm of the nationalising state. Further consequences may follow from the forced attribution of nationality, which may also amount to persecution or serious harm. For example, the nationalising state may use new nationals for military purposes, for example through forced military conscription or participation in an armed conflict. 7.2. Absence of recognition of an ex lege nationality as a form of persecution or serious harm A person may be a national of a specific country ex lege by operation of its law by birthright (jus soli or jus sanguinis) but still not be recognised as such by their national authorities. This can be due to the fact that the person cannot or can no longer fulfil the (legal) requirements to be considered as a national. However, it could also be the result of the refusal of national authorities to apply their laws on nationality to certain categories of nationals on a discriminatory basis. Note that this situation is different from denial of nationality, which applies to persons who have never been nationals (see Section 7.1.2. Denial of nationality as a form of persecution or serious harm) and from deprivation of nationality whereby a person has been stripped of a nationality (see Section 7.1.1. Deprivation of nationality as a form of persecution or serious harm). The absence of recognition may be based on a lack of evidence to substantiate the fact that the person fulfils the legal requirements to be considered as a national. Such absence of recognition would generally not be considered as an act of persecution or serious harm. National authorities may not be able to process a request to register a newborn and therefore to recognise them as a national, due to a lack of evidence clarifying where the child was born, the identity of the child’s parents or due to the lack of other evidence of birth. Lack of evidence may also affect refugee children who have long been migrating, as they are unlikely to be able to substantiate their nationality and to be considered as nationals by their national authorities. Situations where national authorities do not recognise a held nationality may lead to a person not being able to access the rights attached to nationality. Since they are not considered as nationals by their country of nationality, these persons may not be able to rely on a national state protection. In such cases, though, the absence of recognition of the applicant’s nationality would not necessarily be considered as resulting from an act of persecution or serious harm. The absence of recognition may be the result of discriminatory practices of the national authorities which refuse to recognise persons who are already nationals and who should be recognised as such, based on their national law. 74