18. The Committee is concerned that conditions under which stateless children may apply for Dutch nationality under the present Nationality Act, which among others requires three years of legal residency, are very strict. Recalling its previous recommendations, the Committee recommends that the State party:
(a) Ensure that all children born in Aruba and Curaçao, including those with an irregular residence status, have access to birth registration and/or identity cards, and strengthen legal pathways to acquire a nationality;
(b) Guarantee all stateless children born or present within the territory of the State party the right to acquire nationality irrespective of residency status;
(c) Implement measures for ensuring that children with an “unknown” nationality, a status that leaves them unable to be registered as stateless and obtain international protection, do not remain in such a status for a prolonged period of time;
(d) Ensure the access to education, health, and social services for stateless children and children with an “unknown” nationality;
(e) Ensure that no child, including those between 16 and 17 years of age, is deprived of his or her nationality for actions that are considered to constitute a threat to national security, and also consider children’s best interests when such withdrawals of nationality are imposed on parents.
37. (...) (c) Ensure that the rights of asylum-seeking and refugee children in all constituent countries are guaranteed under legislation, including by: (i) ensuring that such children are registered and issued with legal identification documents;
Protection/Enjoyment of rights
Remedy/Reparation
Stateless Persons - Other
Loss/Deprivation
(Forced) migration context
Access to nationality/Naturalization
Nationality/Identity documentation
Born on territory
Birth registration
Children - Other