nationality,60 as well as guidelines adopted by UNHCR in the context of its mandate on
statelessness.61
These developments have, moreover, had influence on the decisions of national courts,
and on legal reforms undertaken by States.62 Scholars have noted a general trend towards
liberalisation of access to citizenship for children born on the territory, and the influence of
international norms on these developments (even as unconditional jus soli – the right to a State’s
nationality based solely on birth in its territory -- has also been limited).63 As of 2025, the laws
of most States within the Council of Europe provided for the grant of nationality to otherwise
stateless children born in their territory (albeit some with further conditions);64 globally, 93
States had legal provisions to this effect.65 It is increasingly strongly asserted that there is
sufficient State practice and support for the normative frameworks that the obligation to grant
nationality to otherwise stateless children born in the territory of a State is now customary
international law, binding even on those States that are not party to the relevant treaties.66
The Convention on the Reduction of Statelessness establishes a parallel obligation for the
State of nationality of a parent to grant nationality to a child born outside of its territory if that
child would otherwise be stateless.67 Since the dominant mode globally for attribution of
nationality at birth is descent-based,68 this provision has been less contested. However, Chile,
Brazil and other Latin American States with jus soli-based nationality laws that did not provide
for acquisition of nationality in case of births outside their territory have faced – largely
successful – campaigns to enable descent-based transmission of nationality to the foreign-born
children of parents driven into exile under military governments. 69 In a 2024 decision relating
to the children of Albanian Roma parents born in Greece, the UN Human Rights Committee
affirmed this obligation at least in relation to otherwise stateless children, in a decision finding
Albania in violation of Article 24 of the ICCPR (on the right of every child to birth registration
and to acquire a nationality), for its discriminatory failure to enable Albanian Roma parents to
register the births of children in Greece with the Albanian consulate, thus preventing the
children from acquiring Albanian nationality.70
60
e.g. UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families and
UN Committee on the Rights of the Child, ‘Joint General Comment No 4 of the CMW and No 23 of the CRC on
State Obligations Regarding the Human Rights of Children in the Context of International Migration in Countries
of Origin, Transit, Destination and Return’ (16 November 2017) UN Doc CMW/C/GC/4-CRC/C/GC/23, para 24.
61
UNHCR, ‘Guidelines on Statelessness No 4: Ensuring Every Child’s Right to Acquire a Nationality through
Articles 1–4 of the 1961 Convention on the Reduction of Statelessness’ (2012).
62
As this article was being finalised, the Antwerp Family Court affirmed the right to Belgian nationality of children
born in Belgium to stateless Palestinian parents: ‘Belgian court annuls nationality revocations for children of
Palestinian origin’ (European Migration Network, 27 February 2026) <https://emnbelgium.be/news/belgian-courtannuls-nationality-revocations-children-palestinian-origin>.
63
G-R de Groot and O Vonk, ‘Acquisition of Nationality by Birth on a Particular Territory or Establishment of
Parentage: Global Trends Regarding Ius Sanguinis and Ius Soli’ (2018) 65 NILR 319.
64
European Committee on Legal Co-operation, ‘Compendium of Promising Practices on Access to Nationality for
Stateless Children’ (Council of Europe 2025) <https://www.coe.int/en/web/cdcj/-/publication-of-thecompendium-of-promising-practices-on-access-to-nationality-for-stateless-children>.
65
See M Vink et al, ‘GLOBALCIT Citizenship Law Dataset, v3.0, Country-Year-Mode Data
([Acquisition]/[Loss])’ (GLOBALCIT, 2025) mode of acquisition A03b.
66
WT Worster, ‘Customary International Law requiring States to Grant Nationality to Stateless Children Born in
their Territory’ (2022) 4 Statelessness & Citizenship Review 113; von Rütte (n 12) ch 4.III.
67
Convention on the Reduction of Statelessness (n 23) art 4.
68
GLOBALCIT Citizenship Law Dataset (n 65), mode of acquisition A01.
69
UNHCR, Good Practices Paper – Action 1: Resolving Existing Major Situations of Statelessness (updated
2022); UNHCR, Good Practices Paper – Action 2: Ensuring that No Child is Born Stateless (2017).
70
Daniel Faslliu v Albania
Communication No 3602/2019 (29 October 2024) UN Doc
CCPR/C/142/D/3602/2019.