14 1 NO CHILD SHOULD BE STATELESS 4 IMPROVE IDENTIFICATION AND RECORDING OF STATELESSNESS STATES, WORKING TOGETHER WITH RELEVANT EU AGENCIES, should improve and standardise procedures for identifying and recording statelessness and nationality problems during registration procedures for refugees and migrants on arrival, and throughout migration and international protection procedures. The administrative category of ‘unknown nationality’ should be clearly defined, and States should have an established and timely procedure for determining the child’s nationality and whether they would otherwise be stateless, with the child able to acquire a nationality as early as possible.64 THE EUROPEAN UNION should prioritise the accurate identification and recording of statelessness and nationality status in the implementation of the Eurodac Regulation and any work towards establishing common EU registration procedures. 5 INTRODUCE DEDICATED, CHILD RIGHTSBASED STATELESSNESS DETERMINATION PROCEDURES, AND ENSURE APPROPRIATE REFERRAL STATES should introduce dedicated child rights-based statelessness determination procedures and stateless protection status in line with the 1954 Convention on the Status of Stateless Persons and UNHCR guidance, to allow them to identify and protect stateless children on their territory until they acquire nationality (as soon as possible). Where indications that a child (or their parents) may be stateless arise in migration or international protection procedures, a referral should be made at an appropriate point in proceedings to a procedure to determine their statelessness. The child and/or their guardian should be provided with information and quality legal assistance throughout relevant procedures. Where statelessness determination procedures already exist, these should be adapted to be child-rights based, taking into consideration the best interests of the child. Procedural and evidentiary safeguards should be put in place including timelines, ensuring that the child is able to acquire a nationality as soon as possible.65 Principles of non-discrimination (including with regard to the residence status of the child or the parents), shared burden of proof and child-sensitive procedures should be implemented, including through the provision of quality legal assistance, as well as a guardian for unaccompanied children.66 Making sure affected children can share their views in procedures and decision-making is an important part of ensuring decisions are made in the best interests of the child and in line with international law establishing the child’s right to be heard. The relevant safeguards for ensuring effective child participation should be followed in any procedure.67 THE COUNCIL OF EUROPE should implement the pledge it made at UNHCR’s High Level Segment on Statelessness in Geneva in October 2019 to support activities for its 47 Member States aimed at introducing or improving the functioning of statelessness determination procedures. This should include the implementation of future activities by the European Committee on Legal Co-operation (CDCJ) initiative on statelessness, as outlined in its adopted report,68 allowing governments to share experiences and good practices in improving procedures for determining and resolving statelessness, promoting the need for such procedures to be child rights-based.69 THE EUROPEAN UNION should, including through the European Migration Network Statelessness Platform, support activities aimed at introducing or improving statelessness determination procedures. This should include sharing information and good practices on child rights-based procedures, and how referral mechanisms between international protection and statelessness determination procedures should operate, building the capacity of its Members States to better meet their international obligations under the 1954 Convention.

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