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 103rd 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 started preparing a compendium of good 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, which is to be completed by the end of 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.

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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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Multistakeholder meeting on “Statelessness and children”, jointly organised by the European Committee on Legal Co-operation (CDCJ) and the European Migration Network (EMN)
Strasbourg 6 June 2024
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A multistakeholder meeting on “Statelessness and children”, jointly organised by the European Committee on Legal Co-operation (CDCJ) and the European Migration Network (EMN), was held on 6 June 2024 in Luxembourg and online. The meeting served as an opportunity to share good practices and identify challenges on prevention of child statelessness and access to nationality for stateless children, It brought together experienced stakeholders of different background, both institutional and from civil society. The results of this meeting will feed into the work initiated by the CDCJ’s Limited working group on migration (CDCJ-MIG) on a compendium of good practice and a non-legally binding instrument on stateless children and procedures around statelessness and access to nationality.

Programme of the joint meeting “Statelessness and children”