nationality conditional upon the person being habitually resident in the territory, which is understood as stable, factual residence and does not imply a legal or formal residence requirement.22 The 1961 Convention does not allow for the acquisition of nationality to be conditional upon lawful residence or a specific legal status. 19. Obligations deriving from the 1961 Convention require States to grant nationality to children who would otherwise be stateless and must be interpreted in light of the CRC.23 Article 7(1) CRC enshrines the right of every child to acquire a nationality, a right that is ‘essential for the protection of every child’.24 Moreover, it follows from Articles 3 and 7 of the CRC that the child’s statelessness should be determined and resolved immediately after birth or as soon as possible thereafter.25 Discrimination is prohibited under Article 2 CRC, which requires State parties to respect and ensure the rights set forth in the CRC irrespective of the child’s or their parent’s status. The Committee on the Rights of the Child has made several recommendations for State parties to ensure that all stateless children born on their territory have access to nationality without any conditions and irrespective of their residence status,26 and recalled that the outcome of an application for nationality, legal residence or similar status by the parents of a child born on the territory should not prejudice the right of the child to acquire the nationality of the State party where the child would otherwise be stateless.27 20. While there are safeguards in Hungarian nationality law to prevent statelessness in the case of foundlings28 and children born abroad to Hungarian nationals,29 with regard to other children the law falls short of fully complying with Hungary’s international obligations to prevent statelessness at birth. 30 There are only partial safeguards to prevent children from being born stateless on the territory 31 and stateless children adopted by Hungarian nationals remain stateless until they can acquire nationality through naturalisation.32 22 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, HCR/GS/12/04, 2012: https://www.refworld.org/docid/50d460c72.html. 23 UNHCR (2012), 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: https://www.refworld.org/docid/50d460c72.html. 24 UNHCR (2018), Ensuring the right of all children to acquire a nationality: Connecting the Dots between the Convention on the Rights of the Child and the Convention on the Reduction of Statelessness: https://www.refworld.org/docid/52206aa54.html 25 UNHCR (2012), 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, para. 11: https://www.refworld.org/docid/50d460c72.html. 26 CRC/C/NLD/CO/4, Committee on the Rights of the Child, Concluding observations on the fourth periodic report of the Netherlands, 16 July 2015, paras. 32-33. 27 CRC/C/CZE/CO/3-4, Committee on the Rights of the Child, Concluding observations on the combined third and fourth periodic report on Czech Republic, 4 August 2011, paras 37-38. 28 Act LV of 1993 on Hungarian nationality, Section 3(3)(b) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713; Act I of 2010 on Civil Registration Procedures, Section 61(5) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=129886.346948 29 The Fundamental Law of Hungary, 25 April 2011, Section G(1): http://www.kormany.hu/download/e/02/00000/The%20New%20Fundamental%20Law%20of%20Hungary.pdf 30 Citizenship Act, Section 3(3)(b). Since 2011, children born to an unknown father and a known mother whose identity is not proved and abandons the child in the hospital after birth are also treated as foundlings and thus automatically acquire Hungarian nationality. 31 Act LV of 1993 on Hungarian nationality, Sections 3(3), 5/A(1)(a) & (b): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713 32 Act LV of 1993 on Hungarian nationality, Section 4(2)(c) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713 6