result in a dedicated protection status associated with clear rights and support
mechanisms.
III.
Withdraw the reservation to Article 13 of the International Covenant on Civil and
Political Rights.
IV.
Withdraw the reservations to Articles 11, 13, 15, and 16 of the Convention on the
Elimination of All Forms of Discrimination against Women.
V.
Add the categories ‘stateless’ and ‘unknown nationality’ in national census
exercises.
VI.
Ensure that stateless persons or persons at risk of statelessness are not subjected to
arbitrary detention because of their status. Instead, statelessness should be
considered as a juridically relevant fact to be assessed when deciding whether to
remove and/or detain persons. In this regard, establish clear standard operating
procedures on the detention of migrants, addressed primarily to the Immigration
Police and in line with international and regional human rights standards.
VII.
Maintain and publish data relating to migrants released from administrative
detention due to the impossibility of returning them.
VIII.
Refrain from detaining migrants in respect of whom a returnable country of origin
has not, or cannot, be established.
IX.
Include in legislation and fully implement non-coercive alternatives to the
administrative detention of migrants pending removal, which are subject to
procedural safeguards, including a time limit and periodic review.
X.
Provide access to an effective remedy for migrants detained following their denied
entry into Malta, including access to free legal aid, as well as procedural
safeguards, including a time limit on their detention.
XI.
Ensure that all children born in the territory of Malta, or to a Maltese parent, are
guaranteed without discrimination their right to a nationality as enshrined in
Article 7 of the Convention on the Rights of the Child, including by:
a. Removing the five-year legal residence requirement and putting concrete measures
in place to fully implement the legal safeguard so that no child is born stateless in
Malta.
b. Removing the discriminatory limitations in Article 17 of the Maltese Citizenship
Act, ruled unlawful by the European Court of Human Rights (Genovese v. Malta,
2011), so that no child is discriminated against in the acquisition of nationality due
to their parents’ status.
XII.
Modify the Civil Code to ensure the birth registration of children born in
international waters where their registration in another country is impossible due
to legal or other considerations.
XIII.
Implement an information campaign or other awareness-raising activity on the
importance of birth registration, ensuring that the campaign/activity reaches
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