unmarried Maltese mother and an unmarried Maltese father.40
30. States should also put in place measures to ensure universal birth registration,
regardless of the residence or documentation status of their parents or family members,
which is key to children effectively exercising their right to a nationality. Birth
registration is vital because it provides official evidence of key facts such as birthplace
and parentage, without which the child can face issues proving their entitlement to
nationality.41 In Malta, birth registration is not problematic in law, but there are reports
of barriers to undocumented parents registering births in practice, or authorities
refusing to register births where there are inconsistencies in the parents’
documentation. The document provided at birth registration does not contain
information about the child's nationality, although it contains information about the
parents and place of birth, and there is no legal framework to determine the nationality
of a child at birth or afterwards. These barriers to birth registration can result in
challenges for children to either acquire or evidence their nationality, contributing to
the risk of children growing up stateless in Malta.42
Recommendations
31. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Malta:
I.
Accede to the 1961 Convention on the Reduction of Statelessness.
II.
Remove reservations to the 1954 Convention relating to the Status of
Stateless Persons.
III.
Consider acceding to the Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families and the European
Convention on Nationality and the Convention on the Avoidance of
Statelessness in Relation to State Succession.
IV.
Improve the recording of statelessness by harmonising and defining
statistical categories used by different agencies, counting stateless
individuals in the national census, and ensuring that registration officials are
trained to accurately identify and record statelessness.
40 Maltese
Citizenship Act, Chapter 188 Section 5(2)&(3) in conjunction with Section 17(1)(a), available at:
http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8702&l=1; UNHCR: Mapping Statelessness in
Malta, August 2014, pp. 36-38, available at: http://www.refworld.org/docid/546dae5d4.html.
41 European Parliament, Resolution on minimum standards for minorities in the EU (2018); UN Human Rights Council, The right
to a nationality: women and children, Resolution A/HRC/RES/20/4 (2012); Joint general comment No. 4 (2017) of the CMW and
No. 23 (2017) of the CRC on State obligations regarding the human rights of children in the context of international migration in
countries of origin, transit, destination, and return; and Joint general comment No. 3 (2017) of the CMW and No. 22 (2017) of
the CRC on the general principles regarding the human rights of children in the context of international migration; UNHCR,
Guidelines on Statelessness No. 4 (2012); Global Compact for Safe, Orderly and Regular Migration; Global Compact on
Refugees; Council of Europe: ECRI General Policy Recommendation No. 16 on safeguarding irregularly present migrants from
discrimination (2016); Council of Europe, Recommendation CM/Rec(2009)13 and explanatory memorandum of the Committee
of Ministers to member states on the nationality of children (2009).
42 Civil Code, Chapter 16, Section 272, Article 278, available at:
http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8580; UN Committee on the Rights of the
Child, Concluding Observations on the second periodic report of Malta, adopted by the Committee at its sixty-second session
(14 January–1 February 2013), 18 June 2013, CRC/C/MLT/CO/2, paras. 34-35, available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMLT%2fCO%2f2&Lang=en;
UNHCR Country Office, Malta; aditus foundation.
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