child has the right to acquire a nationality. The drafters of the CRC saw a clear link between this
right and the 1961 Convention and therefore specified in Article 7(2) of the CRC that States Parties
shall ensure the implementation of these rights in accordance with their national law and their obligations
under the relevant international instruments in this field, in particular where the child would otherwise be
stateless.105
In addition to the 1961 Convention, the 1954 Convention includes provisions relating to the
reduction of statelessness, based on the understanding that the ultimate solution for stateless
persons is the acquisition of a nationality. Namely, Article 32 of the 1954 Convention provides that
the Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless
persons. They shall in particular make every effort to expedite naturalization proceedings and to reduce as
far as possible the charges and costs of such proceedings. Article 34 of the 1951 Convention similarly
obliges States Parties to facilitate the naturalization of refugees, including those who are stateless;
in particular, costs should be reduced and the naturalization procedures expedited.
Article 34 of the 1951 Convention and Article 32 of the 1954 Convention together encourage
other, non-specified measures to facilitate naturalization. These might include easing the conditions
for naturalization, for example, by reducing the period of residence required or by not requiring
proof of release from a former nationality.106
4.2 Acquisition and loss of nationality under the national
legal framework and compatibility with international
standards
4.2.1 Avoidance of statelessness at birth
4.2.1.1 Children born on the Polish territory and foundlings
In Poland, jus soli is treated as an auxiliary principle to attribute citizenship in certain cases
of children born or found on the Polish territory. According to Article 14 of the Act on Polish
Citizenship, a child shall acquire Polish citizenship at birth when the child is born on the territory
of the Republic of Poland of parents who are unknown, stateless or whose citizenship cannot
be determined. According to Article 15 of the same Act, a child of unknown parents shall acquire
Polish citizenship when found on the territory of the Republic of Poland.
The child has to be born on the territory of Poland to benefit from a safeguard against statelessness
at birth accorded by Articles 14 and 15 of the Law on Polish Citizenship. This Act does not include a
provision about access to nationality for children born on a ship or a plane registered with the state.
40
105
UNHCR Guidelines on Statelessness No. 4, cited above, para. 10.
106
Council of Europe, Recommendation 564 (1969) on the Acquisition by Refugees of the Nationality of Their Country of
Residence, 30 September 1969, 564 (1969), available at: https://bit.ly/2lXiGFu
MAPPING STATELESSNESS IN POLAND