30. Co-operation between states is key in this respect. For that reason,
Principle 6 of the Recommendation CM/Rec (2009)13 underlines the importance of co-operation. This is also recognised in Article 23 ECN concerning
information on relevant legislation and developments. Co-operation should
also be used for case specific issues, in particular on the possible acquisition
or non-acquisition of nationality. Lack of information can lead to situations of
statelessness for the child concerned.39
31. Co-operation is essential if a stateless child can acquire the nationality
of the state of a parent. Principle 3 of Recommendation CM/Rec (2009)13 calls
on the state of birth or residence of a stateless child to provide them “with any
necessary assistance to exercise that right”.
32. However, Principle 4 of Recommendation CM/Rec (2009)13 deals with
the possibility that the parent of a child may have very good reasons not to
use the right to acquire a certain foreign nationality. If (the parents of ) a child
cannot “reasonably be expected to acquire that nationality”, rules for the avoidance of statelessness of the country of birth should apply, for instance, if the
parents left the state of their nationality to become refugees.
33. It transpires from the answers given by states to the questionnaire that
co-operation between states is often problematic. Co-operation agreements
between states do not appear to exist. Requests for general information or in
individual cases are often not answered.
B. Child-friendly procedures for determining nationality
or statelessness: legal aid, representation,
access to information and justice for children
1. International standards
34. As already mentioned above, the activation of rules and practice for the
avoidance of statelessness requires to respond to the preliminary question of
whether a person who could be protected by such rules might already be a
national of another state. In some instances, this question can be answered in
the context of a procedure for determining whether a person is a national of
the country of birth as a result of the protection of rules for the avoidance of
statelessness or can acquire that nationality through a simplified procedure.
However, the best way to organise a reliable and quick way to determine
statelessness is to provide a dedicated statelessness determination procedure.
39. See also para. 18.
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