framework and is closely linked to the 1954 Convention relating to the status of Stateless Persons. Where the 1954 Convention seeks to protect persons without a nationality, the 1961 Convention is established to reduce the number of stateless persons and to prevent statelessness. Articles 1 through 4 of this Convention therefore set out the ways in which persons should acquire a nationality if they would otherwise be stateless at birth. Under the framework of the Council of Europe, the ECN was adopted in 1997.26 The ECN is influenced by the 1961 Convention but, as will be seen below, also contains some differences. As mentioned previously, the ECN contains the explicit recognition of the right to a nationality and further provides safeguards that must prevent people from becoming stateless. The safeguards to prevent childhood statelessness which are set out in the international legal documents must be considered in light of the best interests of the child and cognizant of the difficulties that statelessness can cause for the enjoyment of other children’s rights. As such, children should not be left stateless for a long period after birth: they must acquire a nationality at birth or as soon as possible after birth.27 The Secretary-General of the UN emphasized this in his report on the status of the CRC.28 He explained that the first eight years of a child’s life are crucial for their development.29 Nationality plays an important role in this development as it is considered to be a part of a child’s identity.30 The next section will look more closely at the specific safeguards prescribed by international law to prevent childhood statelessness. It will also discuss some examples of good practice and identify where there is room for improvement in respect of the avoidance of childhood statelessness in Europe. Photo by: Greg Constantine/UNHCR (CEDAW),21 the Convention on the Rights of Persons with Disabilities22 and the European Convention on Nationality (ECN).23 The European Convention on Human Rights (ECHR) does not explicitly recognize a right to a nationality, yet through the European Court of Human Rights’ case law it has been accepted that a right to a nationality follows from the rights to private life and non-discrimination.24 The ways in which states should make sure that every person can obtain a nationality are laid down in the 1961 Convention on the Reduction of Statelessness (1961 Convention).25 This Convention was created under the UN 6 21 Article 9. 22 Article 18. 23 Article 4(a). 24 This will also be addressed further below. 25 As of November 2013, there are 54 state parties to the 1961 Convention. UN Treaty Collection, available at: <http:// treaties.un.org/pages/ViewDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=V-4&chapter=5&lang=en>. 26 The European Convention on Nationality entered into force on the 1st of March 2000. As of November 2013, 20 states are party to the ECN, 17 of which are also a party to the 1961 Convention. Council of Europe, available at: <http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=166&CM=&DF=&CL=ENG>. 27 This is also established in UNHCR’s 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, UN Doc. HCR/GS/12/04 of 21 December 2012, para 11. 28 UN Secretary-General, ‘Status of the Convention of the Rights of the Child’ (UN Doc. A/68/257 of 2 August 2013), para 57ff. 29 Ibid, para 57. 30 In Article 8 of the CRC it is stated that every child has the right to preserve his or her identity, including nationality. 7