119.
Children, especially unaccompanied children, may face acute challenges
in communicating basic facts with respect to their nationality. States
that establish statelessness determination procedures must follow the
principle of pursuing the best interests of the child when considering
the nationality status and need for statelessness protection of children.72
Additional procedural and evidentiary safeguards for child claimants
include priority processing of their claims, provision of appropriately
trained legal representatives, interviewers and interpreters as well as the
assumption of a greater share of the burden of proof by the State.
120.
In certain circumstances, similar considerations may apply to persons with
disabilities73 who face difficulties communicating information about their
nationality status. Decision makers need to take into account that owing
to discrimination, persons with disabilities may be less likely to possess
identity and other documentation.
121.
It would be preferable if all claimants could be offered the choice to have
interviewers and interpreters of the same sex as themselves. Interviewers
and interpreters should also be aware of and responsive to any cultural
or religious sensitivities or personal factors such as age and level of
education. As a result of discrimination, women might face additional
barriers in acquiring relevant documentation, such as birth certificates
or other identification documents that would be pertinent to establishing
their nationality status.
72
All unaccompanied and separated children are to have access to a procedure to determine
their best interests. The outcome of a statelessness determination procedure, as with the
result of a refugee status determination, form part of best interests determination. With
regard to refugee status determination procedures and best interest determinations, please
see UNHCR, UNHCR Guidelines on Determining the Best Interests of the Child, May 2008,
http://www.refworld.org/docid/48480c342.html
73
The 2006 Convention on the Rights of Persons with Disabilities recognizes that “disability
is an evolving concept and that disability results from the interaction between persons with
impairments and attitudinal and environmental barriers that hinders their full and effective
participation in society on an equal basis with others”, Preamble, paragraph (e).
116 - 121
PART TWO
safeguards to ensure that fair statelessness determination decisions are
reached.
43