to comprehend the true scale of the issue or to identify individual stateless persons makes it extremely difficult to respond both at a policy level and in terms of protecting the individual rights of stateless persons. 12. Despite the lack of accurate statistical data, it is possible to categorise stateless persons in the Netherlands into two main groups. The first (and likely smaller group) consists of children who were born in the Netherlands but whose right to acquire a nationality was denied, resulting in their statelessness. The second (larger) group comprises stateless persons/those at risk of statelessness who migrated to and live in the Netherlands. This group will include people whose statelessness was evident before they migrated as well as those whose statelessness became apparent upon failed attempts to remove them from the country. In terms of legal status, this groups includes a mix of refugees, asylum seekers, irregular migrants and those who have legal stay rights. 13. Regardless of which group they belong to, all stateless persons in the Netherlands are vulnerable to discrimination and face serious human rights challenges, as this submission aims to demonstrate. The right of every child to acquire a nationality 14. The 1961 Convention requires States to grant nationality to persons born in their territory ‘who would otherwise be stateless’.10 Furthermore, both the ECN and 1961 Convention obligate that foundlings automatically acquire nationality.11 The most important human rights provision related to the child’s right to acquire a nationality is Article 7 of the CRC, which requires that: “1) The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. 2) States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” 15. International law also sets out rules and timeframes for the acquisition of nationality by children who would otherwise be stateless. Both the ECN and the 1961 Convention set out various criteria according to which nationality should be acquired by such children, either at birth or later in life. 12 The current practice of the Netherlands is assessed against these criteria later in this submission. Importantly, guiding principles of the CRC including the right to non-discrimination and the best interests of the child, further dictate the manner in which these provisions are to be implemented.13 16. Despite these international obligations, Dutch law currently only allows children born in the country, who have been stateless since birth, the right to opt for Dutch citizenship after an uninterrupted 10 1961 Convention, Article 1. 1997 European Convention on Nationality, Article 6 (1) (b); 1961 Convention on the Reduction of Statelessness, Article 2. 12 1997 European Convention on Nationality, Article 2 (6) (b); 1961 Convention on the Reduction of Statelessness, Article 1 (2) (a) and (b). 13 1989 Convention on the Rights of the Child, Articles 2 and 3. 11

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