Detention of children 37. International human rights standards absolutely prohibit detention of families with children.49 While in other procedures, such as juvenile criminal justice, it is possible to consider detention of children as a measure of last resort, in the context of immigration proceedings, such detention conflicts with the principle of the best interests of the child and the right to development.50 Children should never be detained for reasons related to their parents’ migration status.51 Despite NGOs’ call for action and various UN treaty bodies’ recommendations, the Czech Republic continues to detain children and families in the closed immigration detention centre in Bělá-Jezová. Most families affected by detention are asylum-seeking families. While those who have sought asylum in the Czech Republic are considered vulnerable and thus may not be detained, those who claimed asylum in another EU Member State and who are transferred to the Czech Republic under the Dublin III Regulation are excluded from the ban on immigration detention. Alternatives to detention include residence on an address in the Czech Republic or a financial guarantee. These are mostly inaccessible to families in detention, who usually do not know the country and have no ties to the Czech Republic. Conditions of detention of these families have been reported to be similar to prison and the Ombudsperson has found in several instances that the detention of children constitutes inhuman and degrading treatment.52 Issue 3 – Children’s right to a nationality 38. Every child has a right to a legal identity and nationality. This is a core principle of international law, which if applied in a comprehensive and non-discriminatory manner, would result in the prevention and reduction of statelessness.53 States should have a provision in law to grant nationality to anyone born on the territory who would otherwise be stateless.54 Conferral of nationality to otherwise stateless children born on the territory should ideally be automatic at birth. There should be no conditions on acquisition of nationality by a child relating to their or their parents' legal status, such as lawful residence.55 If children are required to prove they cannot access another nationality, the burden of proof is shared, an appropriate standard of proof is adopted, and special procedural considerations are given to the challenges faced by children in communicating basic facts about their nationality.56 49 CPRMW and CRC, Joint General Comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, 16 November 2017, CMW/C/GC/4-CRC/C/GC/23, § 10. 50 CPRMW and CRC, Joint General Comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, 16 November 2017, CMW/C/GC/4-CRC/C/GC/23, § 10. 51 CPRMW and CRC, Joint General Comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, 16 November 2017, CMW/C/GC/4-CRC/C/GC/23, §§ 5-13. 52 Forum Human Rights, Organization for Aid to Refugees, NGOs information to the United Nations Committee against Torture, The Sixth Periodic Report of Czechia under the United Nations Convention Against Torture, Immigration Detention of Families with Children, 2018. 53 See Article 7 of the UN Convention on the Rights of the Child, read in conjunction with Articles 2 and 3. 54 UN Convention on the Reduction of Statelessness, 1961: Article 1. European Convention on Nationality, 1997: Articles 2 and 6(2)(b). 55 Convention on the Rights of the Child, 1989: Articles 3 and 7. 56 Joint general comment No. 4 (2017) of the CMW and No. 23 (2017) of the CRC on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination, and return: States should 10