Three categories of stateless persons enjoy special rights under domestic law to obtain Danish nationality without
having to satisfy the general conditions for naturalization.250 These categories are:
1. Persons born stateless in Denmark and who are under the age of 18 at the time of application.251
2. Persons born stateless in Denmark who have attained the age of 18 but are not 21 at the time of application.252
3. Persons born stateless in Denmark who have attained the age of 21 and who – before they turned 21 years old
– may have either applied for naturalisation or been misinformed as to their right to Danish nationality under
to the CRC or the 1961 Convention. (This is to a certain extent a prolongation of the transitional rule that was
adopted in the wake of the “statelessness case” noted above.)253
4.2.1.1.1 Rules governing persons born stateless in Denmark who are under the age of 18 years at the time of
application
Stateless persons born in Denmark who are minors at the time of application are entitled to Danish nationality
through naturalization without having to meet the ordinary requirements for naturalization under Danish law. This
right was introduced through Section 3254 of the Circular of Naturalization of 1992 and it has been moved under
Section 17 in later circulars, most recently in the Naturalization Circular of September 2018.255 The purpose of the
rule is to comply with the obligations under the CRC, to ensure that children enjoy their right to acquire a nationality.
Applications for nationality under Section 17 are submitted to and pre-processed by the Ministry of Immigration
and Integration. Once the applications are approved, the Ministry refers a naturalization bill with the names of the
applicants to Parliament. Normally two naturalization bills are presented in Parliament annually, and only at the
Parliament’s adoption (after three readings) do the named individuals obtain Danish nationality.
To qualify for Danish nationality under Section 17, an applicant must have been born stateless in Denmark, must
have residence256 in the country under Danish law; and must apply before attaining the age of 18 years. The
residency requirement presupposes that the child is registered in the CPR as a resident of Denmark, which in turn
presupposes that the child’s residence is lawful.
UNHCR notes that Article 7(2) of the CRC makes a reference¸ inter alia, to the 1961 Convention by urging State
Parties to ensure: “the implementation of these rights [including every child’s right to acquire a nationality] in
accordance with their national law and their obligations under the relevant international instruments in this field,
in particular where the child would otherwise be stateless.”257 The provisions of the 1961 Convention are therefore
of central importance to full enjoyment of every child’s right to acquire a nationality under the CRC and vice versa.
The CRC further stipulates that nothing in the Convention: “shall affect any provisions [of national or international
250
Applicants for naturalization, who satisfy those conditions, will be listed in a naturalization bill to be adopted by the Danish Parliament. The
legislative process is anchored in the Ministry of Immigration and Integration, which administers the law made by Parliament.
251
The Circular on Naturalization section 17 refers to the CRC stating that in accordance with the CRC, a Danish born stateless child may be
included in a naturalization bill without fulfilling the normal requirements for naturalization. In addition, the circular’s section 27 and 28
refer to the CRC.
252
The Circular on Naturalization section 26 refers to the 1961 Convention, stating that in accordance with the 1961 Convention, Danish born
stateless persons between the age of 18 – 21 may on certain conditions be included in a naturalization bill. In addition, Section 28 and 32
refer to the 1961 Convention.
253
See the Ministry of Justice’s 29 February 2012 letter to the Parliamentary Naturalization Committee, available at: https://bit.ly/2X5QbVL.
254
For a brief summary of the law and a link to the circular, see the official website of the Ministry of Immigration and Integration of Denmark,
available at: https://bit.ly/3jOujaY.
255
Since the 2013 Circular on Naturalization, the wording of this provision has remained unchanged, cf. Section 17 of the Circular No 9779 of
14 September 2018. Circular No 9779 of 14 September 2018 available in Danish at: https://bit.ly/2Xk3aTZ.
256
The Circular provides that the applicant must be resident. As noted above, under Danish law, residence presupposes lawful residence.
257
UNHCR, Ensuring the right of all children to acquire a nationality: Connecting the Dots between the Convention on the Rights of the Child
and the Convention on the Reduction of Statelessness, 23 August 2013, available at: http://www.refworld.org/docid/52206aa54.html.
UNHCR Representation for the Nordic and Baltic Countries
63
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