after birth and acquire a nationality, and Article 8 to respect the right of the child to preserve his or her identity, including nationality, in compliance with its obligations under relevant international instruments. As a State party to the 1961 Convention, Moldova has further obligations to prevent and reduce statelessness on its territory.18 Obligations deriving from the 1961 Convention on the Reduction of Statelessness require Moldova to grant nationality to children who would otherwise be stateless and must be interpreted in light of the CRC.19 This includes the underlying principles of nondiscrimination (Article 2 of the CRC), and that all actions concerning children, including in the area of nationality, must be undertaken with the best interests of the child as a primary consideration (Article 3). 18. Until recently, Moldovan law contained a full safeguard for all children born on the territory who would otherwise be stateless to acquire nationality automatically at birth. However, following amendments to the Law on Citizenship that entered into force in 2018, children born on the territory who would otherwise be stateless may only acquire nationality automatically at birth if at least one of their parents has the right to reside, benefits from international protection, or is a recognised stateless person by the authorities of Moldova. 20 There are currently two appeals pending before the Constitutional Court to challenge the constitutionality of this provision. The new provisions increase the risk of children being born stateless in Moldova, contrary to its international obligations. 19. Positively, in the case of foundlings, adopted children, children born abroad to Moldovan nationals and children born in Moldova where one parent has legal residence, provisions are in place to ensure children acquire a nationality. 20. Every child’s right to legal identity and nationality is not only essential to the prevention and reduction of statelessness but is a core principle of international law. Article 7 CRC applies irrespective of the nationality, statelessness, or residence status of the parents,21 and States should register the birth of all children born on their territory even if they are born to a foreign parent with an irregular immigration status or the parents are unknown.22 Birth registration must be free and take place immediately after birth without delay. 21. Although Moldovan law provides for free birth registration and stipulates that all children must be registered, efforts to prevent statelessness are hindered by barriers to universal free birth registration. Parents must be documented for the child to be 18 1961 Convention; 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, available at: https://www.refworld.org/docid/50d460c72.html; and also European Network on Statelessness, No Child Should Be Stateless, 2015, available at https://www.statelessness.eu/sites/www.statelessness.eu/files/ENS_NoChildStateless_final.pdf. 19 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: https://www.refworld.org/docid/50d460c72.html. 20 Law 1024/2000 on Citizenship of the Republic of Moldova, Article 11, available at: http://www.refworld.org/docid/3ae6b60ba.html (English) and the original at: http://lex.justice.md/md/311522/ (Romanian); Law 132/2017 amending and completing the Law on Citizenship of the Republic of Moldova 1024/2000, available at: http://lex.justice.md/md/373813%20/ (Romanian). 21 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. 22 See also, at the regional level, Council of Europe: Committee of Ministers, Recommendation CM/Rec(2009)13 and explanatory memorandum of the Committee of Ministers to member states on the nationality of children, 9 May 2009, CM/Rec(2009)13. 5