naturalized in 2016 than the preceding years can explain that also more stateless persons were naturalized that
year.325
In any case, there has been a decrease in the annual number of stateless persons born in Denmark who have
been naturalized based on the 1961 Convention and the CRC. From statistics, it appears that many (520) Danish
born stateless children are entitled to Danish nationality, but have not naturalized.326 The higher numbers of
naturalizations of Danish born stateless children and young people in the wake of the so-called “statelessness
case” can be seen against the background of the direct information that Danish born stateless persons received in
individual letters from the authorities in March 2011 about their entitlement to Danish nationality.327 Since then, no
such direct information has been given.
Some difficulties are experienced with regard to naturalization. Decisions taken by the Parliamentary Naturalization
Committee do not contain reasons in writing, and the right to a review is not generally recognized (no administrative
review and courts may rule on possible human rights violations, but cannot revoke refusals of naturalization).
Moreover, historically, the fee for naturalization of every stateless child (who applies independently) may, especially
in large families, have been an obstacle for naturalization. As of 1 September 2015, however, all children are
exempted from the requirement of paying a fee for naturalization.
The Danish-Palestinian Friendship Association explained in 2012 that even after the “statelessness-case”, some of
the stateless persons who were entitled to Danish nationality were met with a refusal from the police who had not
been sufficiently informed about the new practice on naturalization of Danish stateless persons who do not fulfil
the general requirements. The association established an organization, ‘the Nationality Organization’ (in Danish
‘Statsborgerforeningen’) for stateless persons born in Denmark. The organization advised stateless persons about
their entitlement to Danish nationality. Seventeen stateless persons took legal action against the Danish state and
the then Minister for Integration concerning damages for pain and suffering due to the wrongful refusals of their
applications for Danish nationality. The case against the ministry has been settled by the Eastern High Court that
in a judgement of 21 December 2016 decided that seven of the applicants were entitled to compensation, DKK
20,000 (2667 €) for the wrongdoings.328 The case against the former Minister for Integration is pending.
4.2.5.2 Other modes
Filial extension of nationality by naturalization is conditioned on the parent(s) having custody over the child, the
child being unmarried and under the age of 18 and residing in Denmark.329 In addition, if a child is over the age of
15, among others, the normal requirement regarding the lack of a criminal record applies.330
Some adopted children acquire Danish nationality automatically through adoption. According to Section 2A(1) of
the Nationality Act, as amended in December 2014, this applies to an alien child under 12 years of age adopted
through a Danish adoption order if the child is adopted by a married or cohabiting couple where at least one of
the spouses or the cohabiting partners is a Danish national, or by a single Danish national. The same applies in
cases where the child was adopted by a decision taken abroad which is valid under the Danish Act on Adoption of
Children (Section 2A(3) of the Nationality Act).331
76
325
Due to the parliamentary election in Spring 2015, only one naturalization bill was adopted in 2015, while three bills were adopted in 2016.
326
Information from Statistic Denmark on the number of stateless children born in Denmark, as of 1 July 2017.
327
As mentioned in section 2.1.1, in a letter of 3 March 2011, the 378 stateless persons born in Denmark were informed that the 1961
Convention and the CRC, under certain conditions, entitle persons born stateless in Denmark to the nationality of their country of birth.
The letter listed the conditions to be applied in Danish practice and informed about the use of an application form and an application fee.
328
See about the judgement at https://bit.ly/305psKC.
329
Section 6(2) of the Nationality Act, cf. section 5.
330
See information about this condition that is applied in practice on the website of the Ministry of Immigration and Integration, available at:
https://bit.ly/30WJeam.
331
See the latest amendment of Section 2A(1), available at: https://www.retsinformation.dk/forms/r0710.aspx?id=167302.
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