naturalisation does not require that the child is born in Switzerland; however, the possibility expires once the stateless child turns eighteen. Foundlings acquire Swiss nationality automatically.72 28. Current Swiss practice with regard to the child’s right to a nationality is at variance with its obligations under international law.73 The Parliamentary Assembly of the Council of Europe has pointed out that the relevant legislation in Switzerland “contains insufficient or no safeguards against childhood statelessness, in breach of regional and international obligations.”74 29. In 2015, the Committee on the Rights of the Child noted its concern “at reports about delays in registering children of foreign nationals” and, moreover, that children born in Switzerland who would otherwise be stateless “are not guaranteed the right to acquire Swiss nationality.” 75 Accordingly, on the basis of articles 7, 8, and 13-17 of the Convention on the Rights of the Child, the Committee recommended that Switzerland “ensure that birth registration is available as soon as possible for all children, regardless of their parents’ legal status and/or origin.” 76 The Committee also recommended Switzerland “ensure that all children born in its territory acquire Swiss nationality irrespective of the legal status of their parents, if they would otherwise be stateless, and ratify the 1961 Convention on the Reduction of Statelessness, the 1997 European Convention on Nationality and the 2009 Council of Europe Convention the avoidance of Statelessness in relation to State Succession.”77 With regard to the uncertainty of the legal status of children during a one-year period of assessment for possible adoption, the Committee further recommended that Switzerland “accelerate the assessment procedure and ensure that the child is not stateless or discriminated against during the waiting period between his or her arrival in the State party and formal adoption.”78 30. In 2021, on the basis of articles 7-8 and 13-17 of the CRC, the Committee recommended that Switzerland: “(a) Ensure that all children born in the State party, irrespective of their parents’ legal status, have access to birth registration and are entitled to a nationality at birth, or subject to a significantly reduced residence requirement if otherwise stateless, and that parents without regular residence status who register their children are not reported to migration authorities; (b) Consider acceding to the Convention on the Reduction of Statelessness, the European Convention on Nationality and the Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession.”79 Issue III - Deprivation of citizenship 31. According to the UDHR, “[n]o one shall be arbitrarily deprived of [their] nationality”, which is a fundamental principle of international law closely linked with the right to a nationality. At a minimum, deprivation of nationality is arbitrary if it is not prescribed by law, is not the least intrusive means and proportionate to achieving a legitimate aim, or 72 Article 3 SCA. For more information, see: https://index.statelessness.eu/country/switzerland. 74 Council of Europe, Parliamentary Assembly (PACE), Resolution 2099 (2016) on the need to eradicate statelessness of children, (4 March 2016), para. 8. 75 Committee on the Rights of the Child, ‘Concluding observations on the combined second to fourth periodic reports of Switzerland’, CRC/C/CHE/CO/2-4, (26 February 2015), para. 30. 76 Ibid. para. 31. 77 Ibid. 78 Ibid. para. 47 (a) and 51(c). 79 Ibid. para. 21 (a)-(b). 73 10