Blood or soil, which one is thicker? : the obligations of EU member-states for the international protection of stateless children

Abstract

Statelessness has grave implications for the lives of millions of children across the globe. Without a nationality, children cannot have their rights effectively protected, despite the international protections enshrined in the Stateless Conventions. Whilst the UN launched a Global Action campaign to eradicate statelessness, many children seeking refuge in the EU are classified has having ‘undetermined’ nationality. These children grow up in limbo, completely unprotected. The aim of this dissertation is to critically evaluate the existing safeguards aimed at preventing childhood statelessness, while assessing EU Member-States compliance with them, both in law and in practice. The main argument advanced in this dissertation is that the discretion afforded to Member-States in this field allows for doublestandards for the type and extent of protection granted to children. Consequently, it is advanced that the only way to effectively address this issue is by adopting a holistic child based-rights approach at the EU level and an independent monitoring system that helps harmonise the practice of Member-State and ultimately ensure a child’s right to nationality, especially when otherwise stateless.