Statelessness remains an issue of concern both in Europe and globally. The causes of statelessness are manifold and are often the result of intricate conflicts in nationality laws, state succession, forced displacement, historical and contemporary migration, structural birth registration problems, access to nationality and related administrative practices.

The right to a nationality is recognised in widely ratified international treaties, such as the International Covenant on Civil and Political Rights and the European Convention on Nationality (ETS No. 166), and is considered a gateway to the enjoyment of a range of other rights. It also constitutes part of a person's social identity as highlighted by the European Court of Human Rights. Yet, according to the United Nations High Commissioner for Refugees (UNHCR) latest estimates of 2022, there are some 442 000 stateless persons, including those with undetermined nationality, living in Europe. The lack of nationality has a serious impact on their lives, their enjoyment of the full range of human rights, including access to education, employment, healthcare, housing, and freedom of movement.

The Council of Europe considers as a priority the need to ensure the effective enjoyment of human rights by the most vulnerable, including those faced with nationality and statelessness issues.

Further to the conclusions of the international conference on “Statelessness and the right to a nationality in Europe: progress, challenges and opportunities” organised jointly with the UNHCR in 2021 and the Analysis of current practices and challenges regarding the avoidance and reduction of statelessness in Europe, the Council of Europe, through its European Committee on Legal Co-operation (CDCJ), focuses during the period 2024-2026 on issues relating to the statelessness of children and their access to nationality.

At its 103^rd plenary meeting (19-21 November 2024), the CDCJ examined a feasibility study for a non-binding legal instrument on access to nationality for stateless children. It 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. In parallel, the CDCJ has prepared a Compendium of promising practice in respect of legal aid and representation, access to information and to justice for children in procedures relating to the determination of nationality or statelessness, adopted at the 105th plenary meeting of the CDCJ (18-20 November 2025).

These activities will contribute 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). Furthermore, the Council of Europe also contributes through these activities to the new Global Alliance to End Statelessness launched by the UNHCR in 2024.

Compendium of Promising Practices on Access to Nationality for Stateless Children

• Terms of Reference of the CDCJ-MIG (2024-2026)
• Composition of the CDCJ-MIG
• CDCJ-MIG Workplan
• Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods