119. Children, especially unaccompanied children, may face acute challenges in communicating basic facts with respect to their nationality. States that establish statelessness determination procedures must follow the principle of pursuing the best interests of the child when considering the nationality status and need for statelessness protection of children.72 Additional procedural and evidentiary safeguards for child claimants include priority processing of their claims, provision of appropriately trained legal representatives, interviewers and interpreters as well as the assumption of a greater share of the burden of proof by the State. 120. In certain circumstances, similar considerations may apply to persons with disabilities73 who face difficulties communicating information about their nationality status. Decision makers need to take into account that owing to discrimination, persons with disabilities may be less likely to possess identity and other documentation. 121. It would be preferable if all claimants could be offered the choice to have interviewers and interpreters of the same sex as themselves. Interviewers and interpreters should also be aware of and responsive to any cultural or religious sensitivities or personal factors such as age and level of education. As a result of discrimination, women might face additional barriers in acquiring relevant documentation, such as birth certificates or other identification documents that would be pertinent to establishing their nationality status. 72 All unaccompanied and separated children are to have access to a procedure to determine their best interests. The outcome of a statelessness determination procedure, as with the result of a refugee status determination, form part of best interests determination. With regard to refugee status determination procedures and best interest determinations, please see UNHCR, UNHCR Guidelines on Determining the Best Interests of the Child, May 2008, http://www.refworld.org/docid/48480c342.html 73 The 2006 Convention on the Rights of Persons with Disabilities recognizes that “disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”, Preamble, paragraph (e). 116 - 121 PART TWO safeguards to ensure that fair statelessness determination decisions are reached. 43

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