A parent turned to the chancellor of justice with concerns that their child, born in Estonia in 2018 without citizenship, has been unable to obtain Estonian citizenship.

When the Office of the Chancellor of Justice began investigating the matter, it became evident that a gap in the Citizenship Act prevents a stateless child born in Estonia from acquiring Estonian citizenship if neither of the child's parents holds the citizenship of any country, but one of them had lived in Estonia on a residence permit for less than five years before the child's birth.

In this specific case, the child's mother was born and has lived her entire life in Estonia, holding a long-term residence permit. The child's father is also stateless, but he had resided in Estonia on a residence permit for less than five years before the child was born.

According to the law, a stateless child in such a situation cannot obtain Estonian citizenship even after their second parent has completed five years of residence in Estonia with a residence permit. The law currently allows for the simplified acquisition of Estonian citizenship only immediately after birth. Later, the child can only acquire Estonian citizenship if at least one parent applies for Estonian citizenship or if the child applies independently under the general procedure after turning 15.

The chancellor of justice stated that this situation unjustifiably restricts the child's rights.

"The state must ensure that a child born in Estonia who does not acquire any nationality at birth does not remain stateless. There is no reasonable justification for why some children are left without citizenship, despite being born in Estonia, receiving an Estonian residence permit and having ties to the Estonian state through their parents," Chancellor of Justice Ülle Madise wrote in a letter to the Riigikogu Constitutional Committee.

Madise added that the state has an obligation to prevent children from being left stateless. The right to citizenship is also enshrined in the Convention on the Rights of the Child, which stipulates that a child has the right to acquire citizenship immediately after birth.

Madise also pointed out that while the Citizenship Act provides for granting Estonian citizenship to children whose one parent is a foreign citizen, the child of stateless parents may end up without citizenship.

"Although the Citizenship Act offers several ways for minors to obtain Estonian citizenship, some children still remain stateless," Madise wrote.

She urged the Constitutional Committee to consider amending the Citizenship Act to allow children born in Estonia who do not automatically acquire any nationality at birth to receive Estonian citizenship, provided that at least one of their parents had lived in Estonia on a residence permit for at least five years before the child's birth.

Madise further noted that if the Riigikogu finds compelling reasons against this change, an alternative solution should be introduced. At the very least, a child born in Estonia without citizenship should have the right to apply for Estonian citizenship once both their stateless parents have lived in Estonia on a residence permit for at least five years, even if this requirement was not met at the time of the child's birth.

--

Follow ERR News on Facebook and Twitter and never miss an update!