1. Practical guidance for policy makers and practitioners
99. Guidance, in the form of a handbook,107 for policy makers and practitioners on the implementation of existing standards, in particular those of
Recommendation CM/Rec (2009)13 in the light of recent developments could
be considered. It would build on the principles contained in Recommendation
(2009)13 and, in particular, on the explanations provided in its explanatory
memorandum, whilst taking into account recent developments described in
the previous section.
100. Such a document could include examples of best practice and provide
guidance to policy makers for the development or review of their national
framework on the access to nationality for children as well as to practitioners
on the implementation of existing standards.
101. In order to supplement such a handbook, checklists for relevant practitioners could be further developed, for instance on the determination of
nationality status of children, birth registration or on child-friendly procedures
connected to the determination of the status of statelessness.
102. One added value of such guidance would be to help member states in
navigating and implementing existing standards in the light of recent developments and could be used later in co-operation projects where a need has
been identified.
2. Guidelines of the Committee of Ministers
103. Alternatively, using as a point of departure Recommendation CM/Rec
(2009)13 and its explanatory memorandum, guidelines could be envisaged
to bring into one document standards already formalised in the recommendation and those having emerged since its adoption and, according to the
practice of the Council of Europe, presenting them as principles adopted by
the Committee of Ministers.108 While a non-binding instrument, it would offer
a higher degree of formality than guidance taking the form of a handbook
and could give more flexibility than a recommendation.
107. See, for example, the Administrative detention of migrants and asylum seekers – Guide
for practitioners.
108. See, for example, the Guidelines on the protection and promotion of Human rights in
culturally diverse societies, adopted by the Committee of Ministers on 2 March 2016, and
the Guidelines on the efficiency and the effectiveness of legal aid schemes in the areas
of civil and administrative law, prepared by the CDCJ and adopted by the Committee of
Ministers on 31 March 2021.
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