30
Despite living his entire life in Europe, Roman never enjoyed
a nationality and spent his final 14 years living destitute on the
streets of Slovakia. He suffered the indignity of an anonymous
cremation – the result of compounded administrative glitches that
stemmed from Roman’s lack of nationality and lack of legal status
in Slovakia (he was never formally recognised as stateless either).238
His story powerfully illustrates just how critical it is to prevent or
resolve childhood statelessness, before it becomes entrenched
and leaves an indelible mark on the lives of those affected.
Fortunately, childhood statelessness is by no means an intractable
problem. In fact, as this report reaffirms, realising every child’s right
to a nationality is neither complicated nor arduous. This conclusion
provides a summary of key measures that are needed to prevent
and resolve childhood statelessness, before offering – on the basis
of existing trends, developments, challenges and good practices in
the region – a series of recommendations directed towards those
stakeholders whose engagement will be most critical in ending
childhood statelessness in Europe.
Simple, legislative safeguards that address the situation of
children who would otherwise be left stateless form the
cornerstone of efforts to avoid childhood statelessness, and
are directly prescribed by relevant international norms. States
must put in place provisions that prevent, for example, the
inheritance of statelessness and confer nationality when a
child is the victim of a conflict between the nationality laws of
the country of birth and the country of his or her parent(s).
These safeguards can be introduced into national law without
changing or undermining a state’s main doctrinal approach to
nationality, and taking into account the real connections that
a child has to the country, such as by granting nationality to all
children who would otherwise be stateless and who are born in
the country. Critically, such safeguards must be comprehensive,
in both their formulation and their implementation – or else
children will continue to fall through the cracks.
This report reveals that currently there are far too many
gaps in the nationality laws of European states. While almost
all countries in the region have included some provisions in
their laws which are specifically designed to prevent cases
of childhood statelessness, remarkably few provide any
child who would otherwise be stateless the opportunity to
acquire nationality immediately upon or as soon as possible
after birth – a provision which is clearly in the best interests
of the child. As shown in section 3 of this report, procedural
requirements and additional stipulations in the law can nullify
relevant safeguards for some of the children who should
benefit from them. Moreover, in a worrying number of cases,
these deficiencies in the law are overtly in violation of the
international obligations undertaken by the state in question.
Law reform is urgently needed to prevent the creation of
new cases of childhood statelessness in Europe and, wherever
possible, should be introduced with retroactive effect so as to
cover children left stateless under the previous law.
The establishment of inclusive legislative safeguards for the
avoidance of childhood statelessness must go hand-in-hand
with measures to remove practical or administrative hurdles in
accessing or confirming nationality. Simply put: where a child is
entitled to a nationality under the law, he or she must be able
to be recognised as a national in practice. This means both
resolving structural problems that have the effect of inhibiting
the enjoyment of nationality, as well as adopting special measures
to actively facilitate access to nationality where statelessness
arises. Key among the former is the identification and elimination
of barriers that restrict access to birth registration for
vulnerable groups, especially those who face a significant risk of
statelessness if left without official evidence of the facts of their
birth. With regard to the latter, these must include the enhanced
identification of relevant cases, so as to avoid such scenarios as
where a child is labelled as being of “unknown nationality” for a
prolonged period of time. Improving the provision of information
on applicable nationality procedures to those affected likewise
constitutes an important complement in identifying stateless
children, where the remedy is not automatic under the law.
In general, the solutions outlined above are relatively
straightforward, largely uncontroversial and firmly embedded
in international legal standards. It simply requires states to
follow through on the principle of the avoidance of childhood
statelessness – which they have unanimously embraced through
their ratification of the CRC and other instruments – with
strengthened law, policy and practice. Nevertheless, as this
report has shown, there are certain contexts, where children
are vulnerable to statelessness, which European states have
not adequately identified or addressed. These include: stateless
children born to irregular migrants or to refugees, children of
same-sex couples, children commissioned by European parents
through international commercial surrogacy and children who
have been abandoned, including where the mother has been
seen but her identity unconfirmed. In any and all such cases,
states must respect the fact that the right to acquire a nationality
is a right of every child. Even if the circumstances of the child’s
conception or birth are complex (and may even be considered
controversial or problematic), the best interest of the child to
be protected from statelessness must prevail regardless of the
parents’ status or choices. Similarly, a child’s right to preserve his
or her identity, including nationality, must be assured – including
where the parents’ action is what jeopardises this.
Strengthening existing frameworks is therefore essential to
achieving the goal of ending childhood statelessness in the region.
At the same time, improved data collection on children’s access to
nationality by relevant stakeholders, as well as closer monitoring
by human rights bodies, are important complements to these
measures, helping to track and encourage progress towards
this goal. For those contexts in which children’s enjoyment of
the right to acquire a nationality continues to pose particular
challenges, further research and additional standard-setting or
doctrinal guidance – as needed – can help states to identify
and implement effective solutions. This report, presenting the
findings of eight in-depth country studies and further regional
analysis, is intended as a contribution towards this process. The
following recommendations are addressed, where appropriate, to
specific stakeholders who are well placed to help end childhood
statelessness in Europe. It is hoped that the recommendations
and report will also serve as a basis for the development of more
targeted strategies for action at the national level, in accordance
with the specific context and challenges encountered.
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