Hardship Level (not applicable for home-based) H (no hardship)
Family Type (not applicable for home-based)
Family
Staff Member / Affiliate Type
CONS International
Target Start Date 2025-08-25
Deadline for Applications August 10, 2025
Terms of Reference This is a home-based consultancy.
1. General Background of Project or Assignment:
The cornerstone of efforts to prevent childhood statelessness is the safeguard enshrined in Article 1 of the 1961 Convention on the Reduction of Statelessness (1961 Convention), which requires that a child born on the territory of a State Party be granted that State's nationality if the child would otherwise be stateless. This provision must be interpreted in light of international human rights law, particularly Articles 3 and 7 of the Convention on the Rights of the Child (CRC), which affirm every child's right to acquire a nationality and require that a child's best interests be a primary consideration. Consequently, even States that are not party to the 1961 Convention, but are to the CRC, are bound by international law to avoid prolonged childhood statelessness.
A UNHCR-commissioned survey in 2014 revealed that many States' nationality laws were not aligned with the safeguard from Article 1 of the 1961 Convention. While a significant number of countries included some form of the safeguard in the legislation, many States, including a considerable number of parties to the 1961 Convention, lacked such a safeguard altogether. Moreover, even where safeguards existed, they often imposed conditions beyond those permitted under Article 1 of the 1961 Convention.
However, legislative alignment alone does not guarantee that the safeguard will be effective in practice. Very little is known about the actual implementation of the safeguard. There is limited understanding of whether States have established procedures to give effect to the safeguard, what types of procedures or administrative practices are in place, and how effective these are in ensuring that otherwise stateless children acquire a nationality in practice.
2. Overall Purpose and Scope of Assignment:
The objective of this consultancy is to prepare a paper examining the legislative and procedural implementation of the safeguard that grants nationality to children born on a State's territory who would otherwise be stateless. The paper is to be based on an in-depth analysis of approximately 10 countries from different regions, focusing on both the legislative framework and the procedures established to ensure that eligible children can benefit from this safeguard. The review of procedural implementation should be detailed and encompass all key aspects of the procedure and its functioning in practice, including its accessibility, institutional setup, and overall effectiveness. The selection of countries should be based on criteria that ensure relevance, representation, and the potential to generate meaningful insights. Through a comparative analysis, the consultant will identify good practices and develop recommendations for States on the effective implementation of the safeguard, to be included in the final paper.
This project will involve the following activities to be carried out by the consultant:
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