314
Agata Szwed, Statelessness in the Context of the Migration Crisis in Europe: A Growing...
5.2 Regional actions
Regional organisations should first of all promote the acquisition
of nationality as the primary solution. Having faster and more diverse
direct measures (such as EU directives38) to influence Member States
than the UN and its agencies, regional organisations should strive for
harmonisation procedures to determine statelessness in as advanced a
manner as was done in the refugee case. This should be done especially
to ensure that no child is born stateless and all children are registered
− which is ensured in all regional human rights law. The decisive factor
in determining a child’s nationality should first and foremost be the child’s interest. All the more so in Europe, where most stateless persons
were born in the region and are stateless in the only country they have
ever known. To this end, adequate resources should be provided for local administrative offices to enable the systematic registration of births,
and consideration should be given to introducing uniform international
adoption procedures.
Regional organisations should also establish close cooperation with
UNHCR to exchange information and good practices on statelessness;
they should regularly report on human rights issues concerning stateless persons in the Member States.
5.3 State actions
Although statelessness touches upon international relations and international law in general, it is typically cast as a problem to be solved
by nationality law.39 Statelessness is an unfortunate consequence of the
errors of public international law,40 but can be remedied under national
citizenship law.
Firstly, state authorities should remember that the principle of equality and non-discrimination generally prohibits any discrimination based on the lack of nationality status. It would be desirable to prohibit
discrimination in the constitutions of all countries. There should be an
38
There is an interesting concept for a statelessness directive in Swider and Den Heijer
(n 4) 102: ‘The key elements of an EU directive on statelessness would consist of common
criteria for i) a fair procedure for determining whether a person is stateless; ii) the standard
of treatment to be accorded to stateless persons; and iii) the conditions of residence for
stateless persons’.
39
Paul Weis, Nationality and Statelessness in International Law (Alphen aan den Rijn:
Sijthoff and Noordhoff 1979) quoted after Will Hanley, ‘Statelessness: An Invisible Theme in
the History of International Law’ (2014) 25(1) European Journal of International Law 322.
40
Francesco Costamagna, ‘Statelessness in the Context of State Succession: An Appraisal
under International Law’ in Serena Forlati and Alessandra Annoni (eds), The Changing Role
of Nationality in International Law (Routledge 2013) 39, quoted after Hanley (n 39).