THEMATIC BRIEFING | SEPTEMBER 2021
Statelessness determination and protection in Europe
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assessment of statelessness and provides no route to regularisation and
protection for those without a residence permit. The UN Human Rights
Committee recently found that the Dutch Government’s failure to identify and
assess a child’s statelessness led to a violation of their right to a nationality.79
(iv)
Statelessness status without an SDP
In Albania and Serbia, a statelessness status is established in law, granting
some specific rights to stateless people. However, there is no procedure to
determine or regulate this status or statelessness determination is only done
in ad hoc and time-specific procedures, so stateless people on the territory
face significant barriers to accessing the rights they are due under national
and international law.
There has been some tentative recent progress towards introducing SDPs in some
Index countries. In the Netherlands, draft legislative proposals have been pending for
several years, and were revised and laid before Parliament in December 2020, but the
legislative proposal still does not provide for a statelessness status nor residence rights
as a consequence of statelessness determination. In Albania, a draft law establishing
an SDP was laid before Parliament in early 2021. In Malta, following accession to
the 1954 Convention in 2019, discussions are ongoing between the Government,
UNHCR and civil society towards establishing an SDP. During the Global Refugee
Forum in December 2019, Portugal pledged to ‘establish mechanisms to identify,
protect, prevent and reduce statelessness in Portugal’ and to ‘provide for the issuance
of Convention travel documents for refugees and stateless persons according to
international standards’.80