Part II. European Law on Nationality and Statelessness concerned the refusal of the French authorities to register the births of children born to French nationals in India, because they were suspected to have been born as the result of a surrogacy agreement. As such, the case indeed presents a similar situation as in the Mennesson and Labassee cases. The ECtHR therefore explicitly refers to these two cases and sees in the circumstances of this case no reason to conclude differently than in these cases.711 Accordingly, the Court finds a violation of the right to private life as regards the children in this case. This confirmation reaffirms the Court’s commitment to the best interests of the child under Article 8 of the Convention. Various legal instruments regarding the nationality and statelessness of children are thus available in the context of the CoE. These reinforce and elaborate the dominant jus sanguinis principle for acquisition of nationality by newborn children, but also try to mitigate the problems that arise from this by introducing jus soli elements as additional safeguards, or elaborating on application of jus sanguinis in situations that are less straightforward, for instance in cases of surrogacy. As mentioned in paragraph 3.2.2, there has also been some attention paid to childhood statelessness specifically by PACE and in the CoE Action Plan on Protecting Refugee and Migrant Children in Europe. Concrete further guidance or next steps have as of the time of writing not (yet) been introduced. Nonetheless, childhood statelessness remains an issue that is on the agenda of the CoE. 3.3.2. CONFLICTS OF NATIONALITY LAW, LOSS AND DEPR IVATION OF NATIONALITY The legal bond between a person and a state may be lost or may cease to exist at some point, which could, if a person has no other nationality, result in statelessness. The ECN sets out a number of relevant standards that help to prevent statelessness in such situations. As regards the loss of nationality, the ECN is clear. Article 7, paragraph 1, of the ECN says that a state party may in its laws not provide for the loss of its nationality ex lege or at the initiative of the state except in an exhaustive number of cases.712 Also, according to Article 7, paragraph 2, ECN, states may include in their national legislation rules for the loss of its nationality by children whose parents lose that nationality, except for cases that concern voluntary service in a foreign military force or conduct that is seriously prejudicial to the vital interests of the state. A child shall, however, not lose that nationality if one of the parents retains it.713 711 712 713 134 Ibid, para 47. Art 7(1) ECN; CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 58. For a more elaborate overview of the cases of loss of nationality included in Article 7(1) ECN, please consult for instance: Sandra Mantu, Contingent Citizenship. The Law and Practice of Citizenship Deprivation in International, European and National Perspectives (Ipskamp Drukkers 2014) 60–64; Roland Schärer, ‘The European Convention on Nationality’ (1997) 40 German Yearbook of International Law 438–459, 448–452; Gerard-René de Groot, ‘The European Convention on Nationality: A Step towards a Ius Commune in the Field of Nationality Law’ (2007) 7 Maastricht Journal of European and Comparative Law 117–157, 139 ff. Art 7(2) ECN. Intersentia