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Have Your Say: help shape the future of the Statelessness Index
Since its launch in 2018, the Statelessness Index has become a vital tool for monitoring how European countries protect stateless people, and track the measures being taken to prevent and reduce statelessness. With data from 34 countries, the Index has evolved significantly as a comparative tool that informs research, advocacy, and policy efforts to end statelessness in Europe.
In order to ensure the continued effectiveness, sustainability and relevance of the Index, we want to make sure that we’re investing capacity where it’s most needed. We have therefore launched an online survey to find out more about our Index users. We want to hear from you regardless of whether you use the Index regularly, have been part of its development, or have accessed it just a couple of times. Your feedback will help us shape the future of the Statelessness Index!
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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. Some 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.
Stefan Leonescu, Jesuit Refugee Service
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