(Strasbourg, 11-12 June 2019)

Bearing in mind the Council of Europe Action Plan on protecting refugee and migrant children for 2017-2019 and to seek how best the European Committee on Legal Co-operation (CDCJ) can provide its expertise and contribute to the on-going efforts undertaken by member States and simultaneously complement the work currently carried out by other European and international stakeholders in the field, such as the UNHCR, a working group composed of CDCJ members and key stakeholders reviewed, at an ad hoc meeting held in June 2019, the protocols and procedures used by member States (i) to determine, in cases where it is uncertain, the nationality of recently arrived migrants (in particular, children) as well as (ii) to resolve cases of statelessness, and identified notably the gaps and new challenges in this field.

The outcome of their work was taken into account in an detailed analysis of current practices and challenges regarding the avoidance and reduction of statelessness in Europe.

CDCJ considered this analysis at its 94th plenary meeting (13-15 November 2019). As a follow-up, the CDCJ agreed the activities below to be carried out during the next two years:

  • an international conference on statelessness to raise awareness and promote implementation of Council of Europe standards in this field and, subsequently,
  • a series of technical meetings on targeted statelessness issues.

 

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Back The CDCJ publishes a Feasibility study on a non-binding legal instrument on stateless children’s access to nationality

The CDCJ publishes a Feasibility study on a non-binding legal instrument on stateless children’s access to nationality

As a contribution to the Council of Europe Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025) and the Council of Europe Strategy for the Rights of the Child (2022-2027), the European Committee on Legal Co-operation (CDCJ) publishes a feasibility study on a non-binding legal instrument on stateless children’s access to nationality, after examining it at its 103rd plenary meeting (19-21 November 2024).

This study examines key issues such as preventing childhood statelessness, child-friendly nationality determination procedures, age assessments, awareness-raising measures and training of relevant actors. It also reviews existing international standards and national practices and examines what appropriate standard-setting follow-up could be given to address the difficulties faced by stateless children in procedures connected with access to nationality.

Based on this study, the CDCJ agreed to revise Recommendation CM/Rec(2009)13 on the nationality of children, and complement it with a checklist for policy-makers by the end of 2026.

Feasibility study on a non-binding legal instrument on stateless children’s access to nationality

Strasbourg - France 21 February 2025
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