procedures, but the process is ad hoc and very complex, and does not lead to rights based on
statelessness. Even in the three countries with functioning SDPs, there are gaps and
challenges in the procedures, which manifested during the research as having an impact on
the nationality problems faced by children. For example, SDP applicants have very limited
rights in most research countries. In Bulgaria, lawyers worked with one of the families to
assess the relative risks of applying for statelessness status as opposed to pursuing a further
application for another form of international protection, which provided for more rights and
security for the family during the procedure. In Spain, delays in the SDP decision-making
process caused additional hurdles for parents to resolve their children’s nationality status and
left them feeling frustrated without the right to work.24 In the Czech Republic, the lack of an
adequate SDP and access to protection status left parents with fewer options to regularise
their stay in the country and thereby ensure their children could resolve their statelessness
through acquisition of Czech nationality.
6. Conclusions and recommendations
The findings of this research illustrate the myriad causes of statelessness among children in
migration and the diverse profiles of children affected. They also shine a light on the complex
legal casework and approaches required in different European countries to try to resolve and
realise every child’s right to a nationality, as well as some of the core common issues faced by
children and families in trying to resolve their statelessness. Through the encouragement of a
participatory approach to casework and involving children and families in decisions about the
strategies taken to resolve their nationality problems, the project has sought to provide a
platform for affected children and their families to tell their stories and give their views on
what needs to change. It has also showcased the often ground-breaking and tireless work of
our members across Europe to support them in very challenging circumstances. The project
has proven that this approach works. Several cases in the research resulted in positive
outcomes for the children and families concerned. In all cases, families and children reported
feeling heard, supported, and informed about their cases, even where systemic or other
external factors affected or delayed positive outcomes.
In addition to this report, affected families and their lawyers have worked with ENS to
produce a short film describing their experiences. Watch the film here.
Drawing on the research process and findings, we make the following recommendations:
24
A recent change to the law in Spain means that as of April 2022, SDP applicants now have the same access to
reception support and rights during the procedure as asylum seekers [ADD LINK/REF].