Article 3 of the CRC, which describes the principle of the best interest of the child, that a child may not be left stateless for an extended period of time.321 Specifically, when read with Article 1 of the 1961 Convention, the right of every child to acquire a nationality (Article 7 of the CRC) and the principle of the best interests of the child (Article 3 of the CRC) require that States grant nationality to children born in their territory who would otherwise be stateless either (i) automatically at birth or (ii) upon application shortly after birth. Thus, if the State imposes conditions for an application as allowed for under Article 1(2) of the 1961 Convention, this must not have the effect of leaving the child stateless for a considerable period of time.322 Moreover, a Contracting State may apply a combination of the alternatives for acquisition of its nationality by providing different modes of acquisition based on the level of attachment of an individual to that State. For example, a Contracting State might provide for automatic acquisition of its nationality by children born in their territory who would otherwise be stateless whose parents are permanent or legal residents in the State, whereas it might require an application procedure for those whose parents are not legal residents. Any distinction in treatment of different groups, however, must serve a legitimate purpose, cannot be based on discriminatory grounds and must be reasonable and proportionate.323 Lithuanian law contains a combination of modes of acquisition, where certain children born stateless acquire Lithuanian nationality at birth, while other categories of children born stateless have to follow an application procedure, with stipulated requirements. A child with parents who are stateless lawful permanent residents324 of Lithuania, or a child with one parent who is a stateless lawful permanent resident and one unknown parent, acquires Lithuanian citizenship automatically at birth if the child would otherwise be stateless. This provision applies regardless of whether the child was born on Lithuanian territory or abroad.325 However, as the provision in Article 15 of the Law on Citizenship does not cover all children falling within the scope of Article 1 of the 1961 Convention, such as children born to parents who cannot confer their nationality(ies) to their child due to conflict of laws, or children to stateless parents who are habitually but not permanently residents, it is important that the application procedure set out in Article 18 of the Law on Citizenship ensures that the other children born stateless in the territory have a non-discretionary right to Lithuanian citizenship. On 9 July 2012, the Ministry of the Interior proposed a legislative initiative aiming to bring the national Law on Citizenship in line with the 1961 Convention. The proposed amendments to Articles 18 and 40 of the Law were adopted on 9 May 2013, when Lithuania acceded to the 1961 Convention.326 The amendments introduced a new paragraph 2 to Article 18 of the Law on Citizenship, which deals with the granting of citizenship to persons born stateless in Lithuania, by application. The adopted text reads as follows: Citizenship of the Republic of Lithuania may be granted to a stateless person who was born in Lithuania if he or she has been a lawfully permanent resident in the Republic of Lithuania during the previous 5 years, has not acquired the citizenship of another country, has a right to reside in the Republic of Lithuania at the moment of submission of application for Lithuanian citizenship 321 UN High Commissioner for Refugees (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, 21 December 2012, HCR/GS/12/04, para 11, available at: http://www.refworld.org/docid/50d460c72.html. 322 Ibid., para 34. 323 UNHCR Guidelines on Statelessness No. 4, para. 35. 324 Pursuant to Article 2(18) of the Law on Citizenship, lawful permanent residence means the uninterrupted residence of a citizen of another State or a stateless person in the Republic of Lithuania, holding a document entitling or attesting to the right of residence in the Republic of Lithuania. 325 Article 15 of the Law on Citizenship. 326 Law Amending and Supplementing Articles 18 and 40 of the Law on Citizenship No. XII-269 of 9 May 2013. U N H C R S TO C K H O L M , M AY 2 0 1 6 73

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