Chapter 2 Towards a new non-binding instrument on access to nationality for children A. Recent developments and emerging standards 95. Since the adoption by the Committee of Ministers of Recommendation CM/Rec (2009)13 on the nationality of children on 9 December 2009, several important standard setting activities have taken place that dealt with access to a nationality by stateless children. This has led to the emergence of new issues and standards, the most important of which are the following: ► The position of the UNHCR is that providing for a statelessness determination procedure is an implicit obligation for the state parties to the aforementioned 1954 and 1961 statelessness conventions. The effective and speedy determination whether a person is stateless, is a sine qua non condition for the operation of the protective rules of both conventions. This has in the meantime also been recognised by several member states of the Council of Europe which introduced dedicated statelessness determination procedures.102 ► The position of the UNHCR that the burden of proof on statelessness matters has to be shared between the person involved and the state authorities, is of significant relevance and already influenced the approach taken by several member states in this respect.103 The sharing of the burden of proof is of great importance in cases of potential statelessness of children. ► The UNHCR has provide further guidance on the interpretation of both statelessness conventions. For access of stateless children to a nationality, the interpretation of Article 1 of the 1961 Convention given in light of the human rights treaties opened for signature after 1961, is of paramount importance to reduce the number of cases of children born statelessness.104 Moreover, the interpretation given by the UNHCR 102. See above para. 37. 103. See UNHCR Handbook on the protection of stateless persons, paras. 89 and 90. 104. See UNHCR Guidelines on Statelessness No. 4, paras. 29-48. ► Page 33