- English
Positively, the Netherlands is party to most relevant international and regional instruments, but there are some gaps in its domestic legal framework to protect stateless people and prevent statelessness. The definition of a stateless person in Dutch law is narrower than the 1954 Convention. As of 2023, statelessness can be determined by the civil chambers of the courts, or administratively by municipalities or certain government bodies but only in specified cases of ‘obvious statelessness’. Despite the introduction of a procedure to determine statelessness, recognition as stateless does not lead to any residence rights nor a protection status, which contributes to the limited protection available for stateless people in the country. Although the law contains some protections and safeguards against arbitrary detention, immigration detention is used in practice, and stateless people without a right of residence are at risk of detention.
There are safeguards in Dutch nationality law to prevent statelessness in the case of foundlings and adopted children. However, the safeguard for children born stateless in the Netherlands is not automatic. It either requires continuous, lawful residence of at least three years, or ‘uninterrupted stable residence’ for five years and additional stringent criteria. Children born to unmarried Dutch fathers and a foreign mother are also disadvantaged. The law provides for universal, immediate birth registration, and all children are issued with birth certificates; but parents without lawful residence or who lack key documents may face barriers and the procedure for late birth registration is complex.
Robin van Oene, ASKV
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