obligations to prevent and reduce statelessness on its territory.28 Obligations deriving
from the 1961 Convention on the Reduction of Statelessness require Belgium to grant
nationality to children who would otherwise be stateless and must be interpreted in
light of the CRC.29 This includes the underlying principles of non-discrimination (Article
2 of the CRC), and that all actions concerning children, including in the area of
nationality, must be undertaken with the best interests of the child as a primary
consideration (Article 3).
23. According to Belgian nationality law, a child born in Belgium is Belgian if they would
otherwise be stateless at any moment before they reach the age of 18 or are
emancipated. However, the law states that the child will not be Belgian if they can obtain
another nationality through administrative measures before the authorities of their
parents’ country of nationality, initiated by their parent(s) or legal guardian(s). There is
a safeguard for the children of refugees in such cases.30
24. Belgian nationality law contains safeguards to prevent statelessness in the case of
foundlings, adopted children, and children born abroad to Belgian nationals. However,
the foundlings provision only applies to new-borns, and there may be a risk of
statelessness in the adoption process due to rules on loss and acquisition of Belgian
nationality.31 For a child born to Belgian parents abroad to acquire Belgian nationality
automatically, at least one parent must also have been born in Belgium, otherwise the
parents must take further action before the child turns five. All births must be registered
in Belgium regardless of the parents’ status, but civil registrars must report
undocumented people to the immigration authorities, and subsequent registration in
the National Registry (a precondition for access to other rights) is only possible if at least
one parent (or the child) has legal residence.
ISSUE 4 – Deprivation of nationality on national security
grounds
25. The Belgian Nationality Code provides for deprivation of nationality on the grounds of
fraud, serious violation of duties as Belgian national, conviction for certain crimes, or
after the annulment of a marriage of convenience if Belgian nationality was acquired
through marriage.32
26. Since January 2013, Belgian nationality can be revoked if the person concerned has been
convicted of one of the crimes included in a list of the most serious crimes stipulated in
Article 23/1 (1) of the Belgian Nationality Act. The list includes among others, attempts
to kill the King or overthrow the government, crimes linked to the violation of the
domestic and international security of the State which includes terrorism, migrant
smuggling and high treason. Article 23/2 further expands deprivation of nationality
28
1961 Convention; UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child's Right to Acquire a Nationality through
Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21 December 2012, HCR/GS/12/04, available at:
https://www.refworld.org/docid/50d460c72.html; and also European Network on Statelessness, No Child Should Be Stateless,
2015, available at https://www.statelessness.eu/sites/www.statelessness.eu/files/ENS_NoChildStateless_final.pdf.
29
UNHCR Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the
1961 Convention on the Reduction of Statelessness: https://www.refworld.org/docid/50d460c72.html
30 Article 10 of the Belgian Nationality Code.
31 Article 10 of the Belgian Nationality Code.
32
Article 23 of the Belgian Nationality Code.
7