Briefing on the right to a nationality of children born to Palestinian parents in Belgium February 2024 attribution of Belgian nationality.12 Accordingly, any municipality of residence (as opposed to birthplace) invited by the Immigration Office to withdraw Belgian nationality from the children targeted should be expected to reject these requests. When dealing with attribution of nationality at birth, as well as in matters of migration and asylum policy, authorities should not lose sight of their core international obligations to prevent and reduce statelessness, and to give primacy to the best interests of the child in all decisions that affect them. In compliance with the principle of proportionality as reflected in international human rights law, UNHCR Guidelines state that States should conduct a thorough assessment of the consequences of deprivation of nationality for the individual, including whether they would be rendered stateless or at risk of statelessness given the severe consequences of statelessness in the enjoyment of other fundamental rights.13 This has been reaffirmed by the European Court on Human Rights (ECtHR), which has emphasised that a Contracting State will breach its Article 8 obligations if it deprives a person of nationality without demonstrating that the deprivation can be justified and is proportional under Article 8(2), which includes an assessment of whether the person would be rendered stateless.14 Furthermore, Article 53 ECHR also requires States to comply with their international obligations under other instruments, including the 1961 Convention and 1954 Convention.15 When depriving a person of nationality, the Contracting State must also ensure procedural safeguards are in place and that the person has the right to a fair trial.16 In this case, it appears that no assessment has been conducted, nor consideration given to the fact that, if a municipality withdraws the nationality of a child, their right to remain in the country will also be at risk as it will depend on whether the child will have acquired a residence permit through other means (such as through a decision on the child’s refugee status). Furthermore, the protracted forced displacement and population transfer experienced by the Palestinian people, accompanied by the denial of the right of return, renders the decision made by several municipalities to withdraw Belgian nationality from a Palestinian child far more concerning, as it puts Palestinian children in a particularly vulnerable position and at a greater risk of statelessness. It is vital that Palestinians can access effective protection in other countries, as refugees and/or stateless people, and that children of Palestinian parents can access safeguards that prevent statelessness. For Palestinians who seek international protection, the consequences of governments failing to recognise them as refugees or stateless persons can be devastating. If they are not eligible for (or are not granted) refugee status or other protection, failure to recognise statelessness often relegates Palestinians who have no other legal status to a life of instability and destitution, unable to access basic human rights, including the right to a nationality. It also means that their children may be born into serious hardship and unacknowledged statelessness. 12 < https://www.agii.be/nieuws/zijn-in-belgie-geboren-kinderen-van-palestijnse-origine-belg-gemeenten-en-rechtbankenzijn-bevoegd> 13 UNHCR, ‘Guidelines on Statelessness No.5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness’ (May 2020) HCR/GS/20/05 <https://www.refworld.org/docid/5ec5640c4.html> 14 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (adopted 4 November 1950, entered into force 3 September 1953) ETS 5, art 8 [hereinafter ECHR] <https://www.refworld.org/docid/3ae6b3b04.html>; see, e.g., ECtHR, Emin Huseynov v. Azerbaijan (no. 2), application no. 1/16), 13 July 2023. 15 ECHR, art 53 (n 9). 16 ECHR, art 6 (n 9); The AIRE Centre and European Network on Statelessness, Written submissions on behalf of the interveners in Pham v United Kingdom (19 April 2021) Application No. 37478/20, para III < https://www.statelessness.eu/updates/news/ens-and-aire-centre-file-third-party-submission-ecthr-pham-v-uk>