ENSURING THE RIGHT TO A NATIONALITY FOR CHILDREN IN MIGRATION IN EUROPE 1 5 COUNCIL OF EUROPE European Convention on Nationality States must integrate concrete safeguards within nationality legislation to ensure that children acquire a nationality in situations where they would otherwise be stateless, including: • Children born on the territory who do not acquire any other nationality at birth • Foundlings. Includes safeguards preventing children from being rendered stateless as a result of loss or deprivation of nationality. Explanatory Report to the European Convention on Nationality No. 166 Advises that States should remove any barriers to the naturalisation process through, for example, waiving fees and language requirements, reducing the required residency period, and adopting a simplified procedure. Parliamentary Assembly of the Council of Europe, Resolution 2099 (2016) The need to eradicate statelessness of children Recognises the statelessness challenges raised by migration and urges Member States to ensure that refugee, asylum-seeking and migrant children and the children of refugees, asylum-seekers and migrants born on their territories are protected from statelessness, taking into account the best interests of the child and the need to prevent exclusion and discrimination. European Convention on Human Rights Establishes core principles such as right to respect for private and family life (Art 8) and the prohibition of discrimination (Art 14). The ECHR must be interpreted in line with the case-law of the European Court of Human Rights, including Genovese v Malta (Art 8 and 14), Mennesson v France (the right to a legal identity) and others. Council of Europe Action Plan on Protecting Refugee and Migrant Children in Europe (2017-2019) Includes an action to examine practices related to avoiding statelessness among children in migration and identify appropriate solutions in the form of practical guidance. This has led to the establishment of an initiative by the Council of Europe’s European Committee on Legal Co-Operation (CDCJ) to improve the identification and protection of stateless people. In 2019, a CDCJ working group reviewed how Member States determine the nationality of people (particularly children) on the move and resolve cases of statelessness. EUROPEAN UNION Conclusions of the Council and the Representatives of the Governments of the Member States on Statelessness, 4 December 2015 Acknowledges the importance of identifying and improving protection for stateless people. Established the European Migration Network Statelessness Platform to exchange information and good practices among Member States on statelessness, including childhood statelessness. European Parliament resolution of 26 November 2019 on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child (2019/2876(RSP)) Calls on Member States to adopt a solution to the issue of stateless children within and outside the EU, in accordance with international law. Calls on the Commission to promote universal access to birth registration and the child’s right to acquire a nationality, with a view to ending the risk of statelessness. European Parliament Resolution of 3 May 2018 on the protection of children in migration Calls on the EU and its Member States to ensure that childhood statelessness is adequately addressed in national laws in full compliance with Article 7 of the UN Convention on the Rights of the Child. EU Returns Handbook Provides guidance and advice on the treatment of stateless people under the EU Returns Directive. European Commission, Communication on the Global Approach to Migration and Mobility, COM (2011) 743 final Urges the EU to encourage non-EU countries to address the issue of stateless persons, who are a particularly vulnerable group, by taking measures to reduce statelessness. Charter of Fundamental Rights of the European Union (Art 21 & 24) Establishes the prohibition of discrimination, including on grounds of nationality, and requires that the child’s best interests be a primary consideration.