are exacerbated by the fact that children’s right to a nationality, the primacy of the best interests of the child, and the principle of non-discrimination are not adequately considered in States’ policies and practices of deprivation of nationality in relation to children associated with alleged ‘foreign fighters’. 35. Under international law, States are required to introduce legal safeguards to ensure that deprivation of nationality does not impact on family members or dependents. States must also ensure that deprivation of nationality does not lead to statelessness, and should therefore conduct a full determination of whether deprivation would result in statelessness prior to depriving a person of their nationality.85 In this assessment, States should also take into consideration the impact on the individual’s right to respect for private and family life and the best interests of their children. 86 Any children born subsequent to a deprivation order against their parents taking effect may therefore be at risk of statelessness.87 Issue IV - Protection for stateless persons and people at risk of statelessness fleeing the war in Ukraine 36. Given the large number of persons fleeing the war in Ukraine since February 2022, particular attention has to be paid to stateless persons and people at risk of statelessness within this group. They are particularly at risk of facing barriers to access protection in Switzerland. To ensure access to a durable protection status, prevent discrimination and facilitate eventual safe return to Ukraine, it is imperative that national authorities grant protection, including temporary protection, to all people fleeing the war in Ukraine.88 37. Following the Russian invasion of Ukraine, the Swiss Government activated ‘Protection Status S’ in March 2022, a temporary protection status intended to respond to a ‘sudden influx of larger groups of displaced persons’. 89 However, ‘Protection Status S’ only applies to stateless persons from Ukraine who held international or national protection status in Ukraine before 24 February 2022 (and their family members) or a valid shortterm residence permit or residence permit in Ukraine and cannot return to their home countries safely and permanently. This excludes most stateless people and those at risk of statelessness from Ukraine, the majority of whom are stateless ‘in situ’ and unable to See also Professor René DeGroot and others, ‘Expert opinion: How the Netherlands, France and the UK are leaving children stranded at risk of statelessness in Iraq and Syria’, (October 2021), available at: https://www.statelessness.eu/updates/blog/expert-opinion-how-netherlands-france-and-uk-are-leaving-children-strandedrisk. 85 Institute on Statelessness and Inclusion, ‘Principles on Deprivation of Nationality as a National Security Measure’, (2020), Principle 5, available at: https://files.institutesi.org/PRINCIPLES.pdf. 86 Ibid, Principles 9.6 and 9.7. 87 Dr Rachel Pougnet and the European Network on Statelessness, ‘Risks of childhood statelessness for the children associated with alleged ‘foreign fighters’ detained in Syria and Iraq’ (October 2021), available at: http://www.bristol.ac.uk/medialibrary/sites/policybristol/briefings-and-reports-pdfs/2021/PolicyBristol_Report67_Pougnet_childhood-statelessness-risks.pdf; See also Professor René DeGroot and others, ‘Expert opinion: How the Netherlands, France and the UK are leaving children stranded at risk of statelessness in Iraq and Syria’, (October 2021), available at: https://www.statelessness.eu/updates/blog/expert-opinion-how-netherlands-france-and-uk-are-leaving-children-strandedrisk. 88 ENS, ‘Briefing no 3: Protection gaps for stateless refugees from Ukraine’, (June 2022), available at: https://www.statelessness.eu/sites/default/files/2022-06/ENS_BRIEFING_3-Protection-gaps-for-stateless_June-2022.pdf. 89 Ukraine: Bundesrat aktiviert Schutzstatus S für Menschen aus der Ukraine, available at: https://www.admin.ch/gov/de/start/dokumentation/medienmitteilungen.msg-id-87556.html. 12