40
overview of the safeguards and gaps related to the prevention of statelessness
at birth in Hungary, Hungarian Helsinki Committee, January 2014.
179
ENS, Ending Childhood Statelessness: A Study on Italy, 2015.
180
ENS, Ending Childhood Statelessness: A Study on Romania, 2015.
181
Article 7 of the Croatian Citizenship Law, as amended by law of 28
October 2011.
182
ENS, Ending Childhood Statelessness: A Study on Poland, 2015. Note that
in Slovenia, the legislation is ambiguous on this point as the provision in
question which relates to foundlings (article 9) does not contain a safeguard
against statelessness in such cases, yet there is a general stipulation in a
separate section of the Citizenship Act (article 18) which prohibits loss of
nationality without proof that the person has or will be granted another
nationality. It would be advisable for the law to nevertheless be clarified on
this point. ENS, Ending Childhood Statelessness: A Study on Slovenia, 2015.
183
Committee on the Rights of the Child, Concluding Observations: Croatia,
CRC/C/HRC/CO/3-4, 19 September 2014, paras. 26-27.
184
Emphasis added. See further ENS, Ending Childhood Statelessness: A Study
on Albania, 2015.
185
Articles 5(1) of the 1961 Convention; 6(4d) of the ECN and 8(2) of the
CRC are particularly relevant in this context.
186
See also ENS, Preventing childhood statelessness in Europe: Issues, gaps and
good practices, 2014, page 31.
187
ENS, Ending Childhood Statelessness: A Study on Romania, 2015.
188
ENS, Ending Childhood Statelessness: A Study on Macedonia, 2015; ENS,
Ending Childhood Statelessness: A Study on Slovenia, 2015.
189
Committee on the Rights of the Child, Concluding Observations: Switzerland,
CRC/C/CHE/CO/2-04, 30 January 2015.
190
Explanatory Memorandum in respect of principle 12 of the Council of
Europe, Recommendation CM/Rec (2009) 13 of the Committee of Ministers to
member states on the nationality of children, 9 December 2009.
191
Thorbjørn Jagland, Secertary-General of the Council of Europe, speech
delivered at the 46th Annual Study Session of the IIDH “Children and
International Human Rights Law”, Strasbourg, 6 July 2015.
192
The Hague Conference on Private International Law is undertaking a mapping
of state practice in respect of surrogacy which may help to identify gaps and
good practices relating to the question of nationality at the domestic level,
which can in term form the foundation for international regulation.
193
Emphasis added. Council of Europe, Recommendation CM/Rec (2009) 13 of
the Committee of Ministers to member states on the nationality of children, 9
December 2009, principle 12.
194
None of the eight ENS country studies conducted during 2015 unearthed
any rules on acquisition of nationality in the context of surrogacy. In
Ukraine, however, surrogacy is regulated by law and the commissioning
parents are recognized as the legal parents of the child. There is no legal
relationship between the surrogate mother and the baby. See K. Koleson,
Tackling childhood statelessness in Ukraine, 2015.
195
In Italy, for instance, organising or advertising the sale of surrogacy services
is also punishable by imprisonment and hefty fines. See ENS, Ending
Childhood Statelessness: A Study on Italy, 2015.
196
Above n52.
197
Ibid, para. 72.
198
Ibid, para. 99.
199
ENS, Preventing childhood statelessness in Europe: Issues, gaps and good
practices, 2014, page 32.
200
J. Kanics, “Preventing and addressing statelessness in the context of international
surrogacy arrangements” in Tilburg Law Review, Vol. 19, 2014, pp 117-126.
201
ENS, Ending Childhood Statelessness: A Study on Slovenia, 2015.
202
As recounted by Greg Constantine in Legally invisible in Serbia, ENS Blog, 25
February 2015.
203
See, for instance, Praxis, Preventing childhood statelessness – Remaining
problems in Serbia, May 2015.
204
See, for instance, S. Woldenberg, Access to civil documentation and
registration in South Eastern Europe: Progress and remaining challenges since
the 2011 Zagreb Declaration, 2013; UNHCR, Study of birth registration
procedure in the Republic of Armenia: Problems and prospects for overcoming
them, 2013; S. Reynolds and D. Grisgraber, Birth Registration in Turkey:
Protecting the future for Syrian children, 30 April 2015.
205
See, in particular, the work of UNICEF and Plan International.
206
At the time of writing, the so-called “Zero Draft” document on the Post2-15 Development Agenda contained the following as its target 16.9:“By
2030, provide legal identity for all, including birth registration” (under Goal
16, “Promote peaceful and inclusive societies for sustainable development,
provide access to justice for all and build effective, accountable and
inclusive institutions at all levels”).
207
See, for instance, European Parliament Directorate for External Policies,
Addressing the human rights impact of statelessness in the EU’s external
action, EXPO/B/2014/2014/07, November 2014, page 23.
208
There has been collaboration, for example, between the EU, the Office
of the High Commissioner for National Minorities of the Organisation for
Security and Cooperation in Europe and UNHCR to improve access to
birth registration for Roma communities in South Eastern Europe. See, for a
synopsis of some of this work, I. Sturkenboom, Working towards the eradication
of statelessness in South Eastern Europe, Blog for ENS, 31 January 2014.
UNICEF, Every Child’s Birth Right. Inequalities and trends in birth registration, 2013.
210
UNICEF, A Passport to Protection. A guide to birth registration programming,
2013, page 147.
211
Deni was born in Serbia, with a reported birth registration rate of 99%, so
his case would be among the last 1% of unregistered births.
212
See n210. This document also defines universal Registration in the glossary
as follows: “While indicated by complete registration (see Completeness), it
specifically considers the inclusion of all/non-discrimination in the registration
regardless of race, religion, national origin, sex or any other trait”.
213
S. Reynolds and T. Duoos, A generation of Syrians born in exile risk a future of
statelessness, Blog for ENS, 15 July 2015.
214
Ibid.
215
S. Reynolds and D. Grisgraber, Birth Registration in Turkey: Protecting the
future for Syrian children, 30 April 2015.
216
Ibid.
217
Emphasis added. UNICEF refers here to data from United Nations,
Department of Economic and Social Affairs, Statistics Division, Population
and Vital Statistics Report, Series A, Vol. LXV, New York, 2013.
218
Emphasis added. See Plan International, Count Every Child. The Right to Birth
Registration, 2009.
219
As recounted by M. Drazovic in Abandoned by parents, neglected by the
state, ENS Blog, 24 March 2014.
220
UNHCR, Study of birth registration procedure in the Republic of Armenia:
Problems and prospects for overcoming them, 2013.
221
See n214.
222
See, for instance, the case studies of Badema and Andreea, described
below, as well as the further case studies of Ebru (Macedonia) and Ionela
(Romania) described in the respective ENS country studies. ENS, Ending
Childhood Statelessness: A Study on Macedonia, 2015; ENS, Ending Childhood
Statelessness: A Study on Romania, 2015.
223
M. Trifkovic, New birth registration procedure – Impact on the prevention of
statelessness in Serbia, Blog for ENS, 21 February 2014.
224
Praxis, Preventing childhood statelessness – Remaining problems in Serbia, May 2015.
225
Zagreb Declaration, 27 October 2011, principle I(1).
226
UNHCR, OSCE-HCNM, European Commission, Co-chair Conclusions of
the Regional Conference on Access to Civil Registration and Documentation
in South-Eastern Europe: Progress and Remaining Challenges since the 2011
Zagreb Declaration, Podgorica, 25 October 2013. See also S. Woldenberg,
Access to civil documentation and registration in South Eastern Europe:
Progress and remaining challenges since the 2011 Zagreb Declaration, 2013.
227
UN Human Rights Council, Resolution on Birth registration and the right
of everyone to recognition everywhere as a person before the law, A/HRC/
RES/28/13, 7 April 2015.
228
Council of Europe, Recommendation CM/Rec (2009) 13 of the Committee of
Ministers to member states on the nationality of children, 9 December 2009,
principle 23. Consider also Action 7 of the UNHCR Global Action Plan to
End Statelessness: 2014-2024.
229
A problem which is, itself, likely to grow in future with the increased use
of more sophisticated identity certification systems, digital systems and
biometric schemes. For instance, the GOV.UK Verify service, now being
offered as part of the United Kingdom government’s digital services
platform has now announced that it will be possible to register a birth in
Northern Ireland using GOV.UK Verify in 2016. While such digital systems
are currently being used to facilitate access to government services that can
still be accessed the “traditional” way, it may become increasingly difficult
for people who are outside of such systems to interact with state bodies.
See Identity Assurance and GOV.UK Verify, Services that plan to start using
GOV.UK Verify, Blog by Government Digital Services, 23 July 2015.
230
In addition to the ENS studies on Albania, Italy, Macedonia and Romania,
see also for instance Committee on the Rights of the Child, Concluding
Observations: The Former Yugoslav Republic of Macedonia, CRC/C/15/
Add.11821, 23 February 2000, para 22; Concluding Observations: Croatia,
CRC/C/HRC/CO/3-4, 19 September 2014, paras. 26-27.
231
For instance, ENS, Ending Childhood Statelessness: A Study on Latvia, 2015.
232
For instance, ENS, Ending Childhood Statelessness: A Study on Italy, 2015.
233
For instance, UN Human Rights Council, The right to a nationality: women
and children, A/HRC/RES/20/4, 16 July 2012.
234
The identification and sharing of good practices between countries is
one important way to work towards this. For instance, it would be of
interest to further explore the reported practice in Italy of allowing
birth registration to be completed by parents who do not have any ID
documents through the support of two witnesses. ENS, Ending Childhood
Statelessness: A Study on Italy, 2015, page 28.
235
ENS, Ending Childhood Statelessness: A Study on Macedonia, 2015.
236
ENS, Ending Childhood Statelessness: A Study on Romania, 2015.
237
ENS, Ending Childhood Statelessness: A Study on Albania, 2015.
238
K. Fajnorova, Do stateless people have a right to die? Blog for ENS, 15 April 2015.
239
Committee on the Rights of the Child, General Comment No. 5: General
measures of implementation of the Convention on the Rights of the Child, CRC/
GC/2003/5, 27 November 2003.
240
In particular the 1961 Convention and the ECN.
209
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