9 critical guidance on how this is to be achieved. Moreover, under the law of many of the European countries, international instruments of this kind are directly applicable following their ratification, such that they become part of the domestic system. This means that the safeguards they contain, even when not fully or accurately transposed into the country’s citizenship law, can be invoked in individual cases – presenting, for instance, a promising avenue for strategic litigation.66 CHILDHOOD STATELESSNESS AND THE WORK OF NATIONAL HUMAN RIGHTS INSTITUTIONS AND OMBUDSPERSONS National Human Rights Institutions (NHRIs) and Ombudspersons play a crucial role in promoting and monitoring the implementation of states’ human rights obligations at the national level. They can also play this role with respect to children’s right to a nationality and the avoidance of childhood statelessness. In Europe, the regional network of NHRI’s (ENNHRI) and the European Network of Ombudspersons for Children (ENOC) have both taken up this issue. In a joint Position Paper with Recommendations on the Eradication of Statelessness in Europe, adopted in 2014, ENNHRI urges states to undertake a number of actions to ensure that no child is left stateless.67 This provides a roadmap for further monitoring and advocacy efforts at the national level by individual NHRIs on this issue.68 Meanwhile, at the June 2015 regional conference “None of Europe’s children should be stateless”, chairman elect of ENOC, Marc Dullaert, spoke out strongly on the need for greater engagement of Ombudspersons for children in promoting the enjoyment of the right to a nationality. He noted with astonishment “that such a huge problem gets so little attention” and pledged to encourage ENOC to play an active role in changing this status quo.69 EUROPEAN UNION LAW AND POLICY Finally, in considering the scope of international agreements relating to children’s right to a nationality within the European context, for the 28 countries in the region which belong to the European Union, it is important to also give some thought to the role of EU law. The Charter of Fundamental Rights of the European Union does not contain a provision guaranteeing the right to a nationality. It does nevertheless provide that “children shall have the right to such protection and care that is necessary for their well-being” and that the best interests of the child “must be a primary consideration” in all actions relating to children.70 Moreover, the Charter also protects a number of “Citizen’s Rights” (Title V), connected to citizenship of the Union – which are dependent on access to nationality of one of the EU member states, demonstrating how important the enjoyment of a nationality is in the EU context. Holding the nationality of an EU Member State automatically means holding Citizenship of the Union (EU Citizenship), to which EU law attaches specific rights and duties, including free movement rights and certain political rights.71 While the creation of this special status has not resulted in EU Member States surrendering their competence in the field of nationality law, case law of the Court of Justice of the European Union (CJEU) has ruled that “Member States must, when exercising their powers in the sphere of nationality, have due regard to European Union law”.72 The case in which this rule was affirmed by the CJEU related to loss of EU citizenship and its implications for the question of access to nationality have yet to be tested. However, the CJEU recalled “the importance which primary law attaches to the status of citizen of the Union”, indicating that due regard must also be given to EU law when Member States lay down the conditions for acquisition of nationality, which may be amenable to judicial review.73 Thus, as one legal scholar has rightly asked: “Does a child born in the EU, who would have been an EU citizen had the Member State of birth complied with its international obligations, but who is stateless instead, fall within the scope of EU law?”74 It seems feasible that EU law could influence the manner in which childhood statelessness is addressed, given its implications for the enjoyment of EU citizenship. As the analysis presented in this report shows, there are many examples of laws and practices – including in EU Member States – which directly contradict the state’s international legal obligations relating to the prevention of childhood statelessness. This may be problematic in light of certain general principles of EU law, including fundamental rights (including child rights and the best interests of the child), proportionality and legal certainty. The potential for EU actors to be engaged when challenging such situations requires further exploration and action. Moreover, in the context of asylum and migration measures adopted by the EU, as well as in the progressive development of the EU child rights agenda, there may be other avenues for utilising EU law and mechanisms to counter childhood statelessness. For instance, the EU Trafficking Directive obliges Member States to ensure protection of and find durable solutions for trafficked children – something that would arguably include addressing the question of access to nationality if such children are also stateless.75 In the implementation of EU asylum legislation or the application of the EU Return Directive,76 the best interests of the child principle again plays a prominent role. This implies that Member States must give due consideration to the nationality status or statelessness of the child in their decision and actions, including in the determination of whether a claim for international protection should be granted – the provision of status also being a key first step for a stateless child along the path to realising the right to a nationality. Childhood statelessness is also emerging as an issue onto the EU child rights policy discourse, as evidenced by numerous references in, for instance, the reflection paper for the 9th European Forum on the rights of the child that was held in June 2015.77 It has been pointed out that the protection rights and needs of stateless children are sometimes ignored, with detrimental consequences.78 Given the importance placed on protecting children in vulnerable situations and countering the social exclusion of children,79 there is scope for much greater attention to be paid to addressing childhood statelessness and its effects as the EU takes its child rights work forward.