ENSURING THE RIGHT TO A NATIONALITY FOR CHILDREN IN MIGRATION IN EUROPE 1 13
2
ADDRESS BARRIERS TO
IMMEDIATE FREE BIRTH
REGISTRATION
STATES should introduce flexibility in documentation requirements and birth
registration processes, and build the capacity of frontline registry officials,
to ensure that stateless, undocumented or other refugees and migrants
who cannot provide certain documents are able to access the right to
immediate birth registration and reduce the risk of childhood statelessness.
This should include removing any requirements for public officials to report
people without residence status to the immigration authorities, introducing
a “firewall” to prohibit information sharing for the purpose of immigration
control to ensure access to birth registration for migrants. 58
THE COUNCIL OF EUROPE should work with Member States to implement
the pledge it made at UNHCR’s High-Level Segment on Statelessness in
Geneva in October 2019 to promote the right of all stateless children to have
access to their birth certificate and any civil status documents concerning
them. 59 This should include periodic monitoring and reporting on progress
towards this goal.
THE EUROPEAN UNION should promote universal access to birth
registration among Member States in line with the European Parliament
Resolution on Children’s Rights.60 This should include the European External
Action Service continuing to support and fund efforts to strengthen civil
registration systems and issuance of birth certificates in partner countries and
promote the realisation of SDG 16.9 in development cooperation.61
3
BUILD CAPACITY AND
RAISE AWARENESS
AMONG OFFICIALS,
CIVIL SOCIETY, REFUGEES
AND MIGRANTS
STATES should work in cooperation with civil society to build the capacity of
frontline officials, service providers and support organisations in the migration
context to facilitate an improved response to statelessness and nationality
problems among children in migration, prevent new cases of statelessness
arising, and ensure that statelessness is accurately identified, recorded and
the rights of children respected. Create and distribute clear and accessible
information at the national and local level for stateless individuals (on their
rights, services, and specialist lawyers), those assisting them (on the relevant
legal frameworks, caselaw, and signposting information), and decisionmakers (on the causes and consequences of statelessness, country of origin
information, and common profiles of stateless people in Europe).
THE EUROPEAN UNION should invest in and promote the integration of
statelessness-specific resources, information and capacity across agencies
involved in migration responses, including the European Asylum Support
Office (EASO) and the European Border Agency (Frontex). EASO should
incorporate relevant information on childhood statelessness across the work
of its Information and Analysis Unit, in its Country of Origin Information, in
its training development and delivery, and in its operations. Frontex should
mainstream statelessness-specific knowledge and resources in its training and
handbooks (for example, the VEGA Handbook on Children at Airports)62
to ensure that border guards identify stateless children or children at risk
of statelessness in border procedures, and refer them to the appropriate
authorities and services. Stateless children should be included in the agency’s
definition of children at risk/vulnerable to abuse and exploitation in line with
UNHCR and EASO guidance.63