Statelessness in Czechia | January 2024 26 nationality is unclear or unconfirmed to be referred to statelessness determination procedures when appropriate.53 In Czechia, detention can be ordered by the Immigration Police for the purpose of expulsion or by the MoI in the case of asylum-seekers when there is a risk of noncompliance with alternative measures. The legal framework has weaknesses, as there is no obligation to explore all alternatives before detention. While certain safeguards are in place, including pre-determined maximum periods of detention and the possibility of periodic reviews, detainees are required to proactively request these reviews, which can be a challenge for those who may not be aware or face obstacles in navigating the legal process. Legal aid is available to detainees, but access for NGOs is limited, which may affect the assistance provided. Statelessness may become relevant in detention cases, but the focus remains on assessing the potential for the individual to return to their country of origin, rather than their statelessness. Upon release, individuals do not automatically receive legal status or identification documents, which requires them to independently initiate the application process for statelessness determination. This places a significant responsibility on the individual, which can lead to delays and difficulties in obtaining their residence status and access to essential services.54 Persons at risk of statelessness who are detained should be informed about the procedure for determining statelessness to avoid future arbitrary or repeated detention. Additional information is available in UNHCR’s Stateless Persons in Detention: A tool for their identification and enhanced protection (2017) and on the Stateless Journeys website. Additional country information is available in the Statelessness Index Country Profile. All children have a right to a nationality, under the UN Convention on the Rights of the Child and other international human rights instruments. The 1961 Convention on the Reduction of Statelessness sets out international standards for avoiding childhood statelessness. Birth registration can help prevent statelessness, although it is usually not, on its own, proof of nationality, unless the child was born in a country that provides automatic nationality to all children born on the territory (birthright, or jus soli nationality). Lack of birth registration heightens the risk that a child may be left without a nationality or experience difficulties proving nationality.55 Where nationality is recorded at birth registration, birth registrars and others involved in registering the birth of a child should ensure that a nationality is not incorrectly recorded and that it is not assumed that the child has a nationality. According to the Czech Act on Birth Registry, all children must be registered within three days of birth. The registration is carried out by the facility where the child is born or, in the case of home birth, the parents must register the child at the registry office in their place of residence within three days (or within three days of being capable of doing so in the 53 See UNHCR’s Statelessness Handbook, paras 112-115. For more information on detentions, please see the country survey data for the Statelessness Index, available here 55 For more information, see Birth registration and the prevention of statelessness in Europe: identifying good practices and remaining barriers (ENS, 2020). 54