Statelessness in Czechia | January 2024
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Additionally, at least one of the parents must have legal (temporary or longer-term)
residence on the territory for more than 90 days at the time of the child's birth. This
requirement applies regardless of whether both parents are stateless or not.60
Children’s right to a nationality: jurisprudence
In 2021, the UN Committee on the Rights of the Child issued a decision in A.M. (on behalf
of M.K.A.H.) v. Switzerland (no 95/2019), concerning a stateless child threatened with
removal from Switzerland to Bulgaria. The Committee found (among other findings) that
Switzerland had not considered the best interests of the child nor taken necessary
measures to verify whether the child would be able to acquire a nationality in Bulgaria.
The Human Rights Committee also found a violation of the child’s right to a nationality
in Zhao v. the Netherlands (2020). The authorities had registered a child born in the
Netherlands as having 'unknown' nationality and refused to change it to 'stateless' on
the ground that the child had not proved that he had no nationality. Without being
recognised as stateless, the child could not acquire Dutch nationality in line with
existing safeguards to prevent statelessness of children born on the territory.
Also in 2021, a Spanish court recognised as a Spanish national a child who would
otherwise have been stateless. The child was born in Morocco while her mother was
travelling from Cameroon to Spain, outside a health facility, and her birth could not be
registered in Morocco. The mother tried to register the child as a national of Cameroon,
but this was not possible. The Court held that the safeguard established in Spanish law
to prevent statelessness of children born in Spain should be applied broadly, in
compliance with international treaties and with the principle of the best interests of the
child. Therefore, it found that there was a violation of the child's fundamental rights and
declared that the child held Spanish nationality and ordered the registration of the
child’s birth. More information is available here.
More information is available on the Stateless Journeys website and in the
Statelessness Case Law Database. Additional country information is available in the
Statelessness Index Country Profile.
Naturalisation is a crucial step for many stateless people to finally obtain a nationality.
Article 32 of the 1954 Convention establishes that:
States shall as far as possible facilitate the assimilation and naturalization of
stateless persons. They shall in particular make every effort to expedite
naturalization proceedings and to reduce as far as possible the charges and costs
of such proceedings.61
Where stateless people are eligible for facilitated naturalisation or integration assistance,
it is important that their statelessness has been recorded in official documents or systems
in other procedures, such as asylum or immigration applications and decisions, so that
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Sections 5, 29, and 41 of the Citizenship Act
There is a parallel provision for refugees in the 1951 Refugee Convention (Article 34).