RECOMMENDATION 194 (1959)[1]

on the nationality of children of stateless persons


The Assembly,

Considering that the number of legitimate children born of a stateless father and a mother of the nationality of one of the Member States has increased during the last few years;

Considering that in the majority of Member States these children automatically acquire the nationality of their mother but that in certain other States they become stateless ;

Considering that statelessness is unquestionably prejudicial to these children and that it is in the interests of society that they acquire the nationality of their mothers;

Recalling its Recommendation 87 (1955) on statelessness,

Recommends that the Committee of Ministers :

1. Invite the Member Governments concerned[2] to take the necessary measures so that legitimate children born in their territory of a marriage between a stateless father and a mother who is a national of their country automatically acquire by right the latter' s nationality;

2, Suggest that these Governments draft the legal provisions which will be adopted on this matter in such a manner that the said children, if born in a territory other than that of the mother, do not acquire dual nationality nor become stateless;

3. Keep the Assembly informed of measures which may be taken to this end by the Governments concerned.


[1]. This Recommendation was adopted by the Assembly at its 6th Sitting, on 23rd April 1959 (see Doc. 968, Report of the Legal Committee).

[2]. Belgium, the Federal Republic of Germany, Luxembourg.