Immigrant Council of Ireland, European Network on Statelessness and
Institute on Statelessness and Inclusion
Joint Submission to the Human Rights Council at the
25th Session of the Universal Periodic Review
Ireland
Introduction
1. With this joint submission to the 25th Session of the Universal Periodic Review (UPR) Working
Group, which focusses specifically on the issue of statelessness and the human rights
protection of stateless persons in Ireland, the Immigrant Council of Ireland, the Institute on
Statelessness and Inclusion and the European Network on Statelessness set out what we
consider to be ongoing challenges and short-comings related to Ireland’s compliance with
international human rights standards and the 1954 Convention relating to the Status of
Stateless Personsi and the 1961 Convention on the Reduction of Statelessness.ii
2. Although Ireland has long been a party to the UN conventions on statelessness and has
general human rights obligations to prevent statelessness and to protect stateless persons,
Ireland has not enacted any specific legislative or administrative measures to address the issue
of statelessness, including the specific issue of childhood statelessness, and there is no formal
determination procedure for statelessness in the country.
3. In addition, since 2004, the constitutional right of persons born in Ireland to Irish citizenship
has been limited to persons who, at the time of their birth, had at least one parent who was
an Irish citizen or entitled to be an Irish citizen.iii However, the Irish Nationality and Citizenship
Act 1956 provides that a person born in Ireland is an Irish citizen from birth “if he or she is not
entitled to citizenship of any other country”; in addition, the 1956 Act gives the Minister for
Justice the power to dispense with the conditions for naturalisation in certain cases, including
cases involving stateless persons. While theoretically the 1956 Act provides a safeguard for
stateless children born in Ireland, the lack of a distinct regime governing statelessness can
pose problems when the stateless status of their parents cannot be established and also in
the case of other stateless children within the jurisdiction who were not born in Ireland.
4. The Immigrant Council of Ireland – Independent Law Centre (ICI) is the leading voice in
securing improved rights and protections in the area of immigration, citizenship and antiracism in Ireland. It offers support, advice and information, while also achieving positive
change through strategic legal action and engagement with lawmakers to make immigration
laws fit for purpose. Access to justice is the cornerstone of all of the Council’s work. It is
committed to supporting individuals and families often at a vulnerable stage in their life,
including victims of human trafficking and stateless persons. The Council works in coalition
with like-minded individuals, organisations, stakeholders and investors to deliver genuine
change at both a national and European level. The ICI has contributed to a number of reports
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