Recommendations
47. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to the Czech Republic:
I.
Establish a clear and predictable statelessness determination procedure in law
that guarantees basic procedural rights and safeguards during the procedure
such as the right to remain on the territory, identification of applicants, access
to healthcare, work permits, the right to an effective remedy) and leads to a
statelessness status and rights in line with the 1954 Convention.
II.
Provide recognised stateless persons with a right to residence with a route to
permanent residence and naturalisation, in line with UNHCR guidance.
III.
Assess statelessness during the decision to detain and vulnerability
assessments, and ensure a country of removal is identified prior to detaining
someone.
IV.
Make it a requirement to exhaust all alternatives to detention prior to the
decision to detain and include cumulative time spent in detention to count
towards the maximum time limit.
V.
Establish a regular periodic review of the necessity for continued detention and
issue identification documents and a residence status to individuals upon
release of detention.
VI.
End the detention of children and families, especially in closed immigration
detention centres, and introduce feasible and accessible alternatives to
detention, including non-custodial accommodation for migrant families with
children.
VII.
Introduce a full safeguard in nationality law, policy, and practice to ensure that
children born in the Czech Republic have their nationality status determined,
irrespective of the actions or status of their parents, to guarantee the child’s
right to a nationality and ensure that stateless children born in the Czech
Republic acquire a nationality.
VIII.
Ensure that stateless people and people at risk of statelessness from Ukraine
who fled the war and seek protection in the Czech Republic access protection
and do not face discrimination.
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