Mai Kaneko-Iwase, Ph.D. (Law) A more recent notable case is from Italy, whose foundling provision itself does not provide for an explicit age. Italy’s foundling provision, i.e. Article 1(2) of its nationality law of 91/1992, uses the term ‘il figlio’, which refers to a family relation, i.e. ‘son or daughter’ (of unknown parents), and is not linked to a particular age.141 The decision of an Italian Court of Napoli in March 2022142 confirmed the Italian nationality, based on the foundling provision, of a male who had been recognised as a stateless person under the 1954 Convention in 2018 by the Court of Rome.143 He had supposedly arrived in Italy as an unaccompanied minor, and was allegedly born in the former Yugoslavia in 1990 and was a trafficking victim. He was found alone and without identity documents by the Italian authorities and was considered to be approximately 12 years old when found in 2002.144 The preceding 2018 Court of Rome judgment contains the plaintiff’s account (which the Napoli Court effectively affirms in general terms) that, having been abandoned at a very young age, the plaintiff is unable to remember anything about his origins, and that after arriving in Italy, he subsequently lived in a Roma people’s camp (presumably with a self-claimed father who was not legally one) where he was engaged in begging and was abused until he managed to escape and ask for help from the Italian authorities. After being recognised in 2018 as a stateless person by the Court of Rome, the plaintiff subsequently applied for confirmation of Italian nationality at birth under the Italian foundling provision but was rejected by the relevant Civil Registrar. During the Napoli court proceedings, the Department for Civil Liberties and Immigration Ministry of Interior (MoI), the competent authority on nationality matters, defended its position by submitting its opinion, stating that Article 1(2) referred only to the case of a newborn or a child not yet capable of speaking, found on the territory, without the possibility of tracing back to his or her country of origin.145 The judge disagreed with the argument, referring to the fact that the Court of Rome had already ascertained the child’s statelessness, and that the foundling provision only stipulated (to grant nationality to children of unknown parents) in the absence of proof of their possession of any other citizenship.146 The MoI did not appeal the first-instance court decision, and the decision became final.147 What transpires through these decisions is the states’ and courts’ will to ensure, through their domestic foundling provisions, the right to nationality of all minors under Article 7 of the CRC.148 141 Author thanks Attorney Paolo Farci and Enrico Guida for guiding her through the Italian nationality law including the meaning of terms. 142 Court of Naples, XIII Civil Section, Decision of 2 March 2022. 143 Ordinary Court of Rome, the First Civil Section Judgment No. 16519/2018 of 14 August 2018. (Original: Sentenza n. 16519/2018 pubbl.14/08/2018, Il Tribunale ordinario di Roma Prima Sezione Civil). The author wishes to thank Attorney Paola Ferrannini for providing the judgment to the author. 144 The Court of Rome judgment contains the plaintiff’s account that he had arrived in Italy at around eight years of age, having subsequently lived in the Roma people’s camp. Nonetheless his presence since eight years of age apparently had not been substantiated; with the judgement stating, ‘at least from the age of 12’. 145 This position and rationale by the Ministry of Interior is explained in detail in sec 6.7.1., chap 6 of Kaneko-Iwase, Nationality of Foundlings (n 2) 255-256. 146 The Italian nationality law article 1(1)(b) states ‘The following shall be citizens by birth: [...] (b) (A son or daughter) who was born in the territory of the Republic both of whose parents are unknown [...].’ Article 1(2) states ‘A son or daughter (figlio) found in the territory of the Republic whose parents are unknown shall be considered citizens by birth in the absence of proof of their possession of any other citizenship.’ Legge n. 91, 5 febbraio 1992, Nuove norme sulla cittadinanza <https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1992-02-05;91!vig=2019-11-09l>. 147 The author is informed that MOI has subsequently adopted a new position that the Italy’s foundling provision is not only applicable to newborns, but to children up to 18 years old in general. Email responses from Enrico Guida, UNHCR Italy, dated 28 September and 18 October 2023 to the author’s inquiry, on file with the author. 148 t should be noted that there are more precedents where persons of unknown parents came to the attention of the authorities only as adults (including as elderlies), who were still confirmed nationals under foundling provisions. They were determined to have been already ‘found’ by third persons other than authorities when they were (young) children. See e.g. DGRN Resolution in Spain. Res. DGRN de 9 de agosto de 1993 (188) (BIMJ, núm. 1685, 1993, pp. 4645–8; RAJ, 1993, núm.6899). Further, in a number of family court adjudications in Japan (whose relevant nationality law provision requires ‘birth in the territory’), the plaintiff had their ‘birth in the territory’ presumed by circumstantial evidence (with no documentary evidence) as found in several family court adjudications. Such as Kagetsu Vol 28, No 1, p 84 [31 January 1975 (Showa 50 nen)] (Oita Family Court Bungotakada Branch). See sec 6.4 of Kaneko-Iwase, Nationality of Foundlings (n 2) 249. 41 Robert Schuman Centre for Advanced Studies