126. It should be explored whether this principle ought to be reformulated with more emphasis being put on statelessness determination procedures and child-friendly proceedings. It should be considered whether to delete the sentence “if they are considered by law as having sufficient understanding” and underline the need to appoint a special guardian if the child does not have a legal representative. Principle 21. grant children, where necessary, legally represented as required by domestic law, the right to challenge decisions regarding their nationality; 127. It would be worth considering adding “or their statelessness” at the end of the principle to tackle both situations. Principle 22. provide that children who have lost their nationality have the right to apply for recovery of it before the age of majority, or within at least three years after reaching the age of majority, and that they shall be, where necessary, legally represented as required by domestic law; 128. It would appear that this principle could stay as it is, with further explanations being provided in the explanatory memorandum. vi. Registration of birth Principle 23. register the birth of all children born on their territory, even if they are born to a foreign parent with an irregular immigration status or if the parents are unknown, in order to safeguard their right to a nationality. The registration of birth should be free of charge and be performed without delay, even if the period within which the birth should have been declared has already expired. 129. It seems advisable that this principle be expanded significantly. Attention for (late) birth registration of persons born abroad but present on the territory of the state is necessary if these persons do not have (access to) a birth certificate. The explanatory memorandum should be further elaborated. Towards a new non-binding instrument on access to nationality for children ► Page 41