Romania’s accession record to relevant human rights treaties is generally good, but it retains some reservations to the 1954 Convention which impact on procedural rights for stateless people. Data on the stateless population in Romania is available, but published figures are unreliable, as only stateless people with a residence permit are recorded, and no data is available on the population at risk of statelessness.
Romania has transposed the 1954 Convention definition of a stateless person into domestic law. However, it does not have a dedicated statelessness determination procedure leading to protection status. There is no obligation for the competent authority to consider a claim of statelessness, and no available information for stateless people to claim their rights under the 1954 Convention. Statelessness is not considered juridically relevant in detention decisions, and UNHCR has expressed concern about vulnerability assessments in the context of immigration detention.
On the prevention and reduction of statelessness, Romanian law demonstrates significant gaps. There is no safeguard in Romanian nationality law for otherwise stateless children born in Romania to acquire nationality. Foundlings acquire Romanian nationality automatically by law but there are administrative barriers and there is a risk of statelessness if parentage is later established. Children born to Romanian nationals abroad are automatically Romanian by law, but births must be registered and there have been reports of discriminatory practice. Access to birth registration has improved in recent years, but there is no procedure to determine a child’s nationality and certain children continue to face discriminatory barriers to registration, including refugees, Roma, and children in rainbow families. Naturalised Romanians may be deprived of their nationality on various grounds, including national security, and there is no safeguard to prevent statelessness.