To implement this safeguard, States need to take steps to
ascertain whether a child born on the territory and whose
nationality is unclear has acquired the nationality of another
State. If not, the State in which the child is born is required
to grant its nationality so that the child is not left stateless.
In accordance with the principle of the best interests of the
child, it is recommended that States automatically grant
their nationality to children in such situations.
Nationality laws also require a safeguard to grant nationality
to children born to nationals abroad who would otherwise
be stateless. Another important provision to be included
in nationality laws is the rule that foundlings (children of
unknown parentage) are to be presumed to be nationals
of the State in which they are found.
In order to implement Action 2, it is important to improve
birth registration to prevent statelessness among children,
as envisaged under Action 7, and to ensure coordination
between civil registration authorities and authorities
responsible for nationality matters.
How can UNHCR support?
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Raise awareness of the safeguards used to prevent
statelessness among children and how these are to
be implemented, including in the refugee context.
Advocate and provide technical advice for the
reform of nationality laws, policies and procedures,
to permit children who would otherwise be stateless
to acquire nationality.
Work with UNICEF and civil society organizations
active in the area of child rights to build awareness
and disseminate information on preventing
childhood statelessness.
Explore other opportunities for joint action with
UNICEF in line with theUNHCR-UNICEF Strategic
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Collaboration Framework.25
Support initiatives by the legal community to ensure
the grant of nationality to children who would
otherwise be stateless, including through strategic
litigation. Build the capacity of legal professionals
and the justice sector on statelessness and
nationality issues.
Advocate for law and policy measures to enable
children to access key health, education and other
services while their nationality status is being
resolved.
Mobilize a broader engagement on ending
childhood statelessness, including through the
Global Alliance to End Statelessness.
RELEVANT INTERNATIONAL STANDARDS
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Article 24, International Convent on Civil and Political Rights
Article 7(1),(2) Convention on the Rights of the Child
Articles 1,2,4 1961 Convention on the Reduction of Statelessness
Article 18(2) Convention on the Rights of Persons with Disabilities
Article 29 International Convention on the protection of the rights of all migrant workers and
members of their families
UN Human Rights Council, the Right to a Nationality: Women and Children, 16 July 2012, A/HRC/
RES/20/4 – entire document
RELEVANT SUSTAINABLE DEVELOPMENT GOALS
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SDG 3. Ensure healthy lives and promote well-being for all at all ages.
SDG 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities
for all.
SDG 10, Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by
eliminating discriminatory laws, policies and practices and promoting appropriate legislation,
policies and action in this regard.
SDG 16, Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable
development.
25
In 2023 UNHCR and UNICEF signed a new Strategic Collaboration Framework, which also outlines key areas of collaboration to prevent
and resolve childhood statelessness, inter alia, under the Framework. The framework commits both organizations to a series of goals on the
inclusion of children in national systems – with specific commitments to education, child protection, water and sanitation, social protection
and data, and the elimination of childhood statelessness, all by 2030. For more information, see here: https://www.unhcr.org/about-unhcr/
our-partners/un-and-international-institutions/international-organizations/unicef-unhcr.
GLOBAL ACTION PLAN TO END STATELESSNESS 2.0
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