Rights and status of minor children of Palestinian origin born in Belgium – legal and procedural issues

The situation of minors of Palestinian origin born in Belgium highlights two major issues:

1. 1. Is there a Palestinian nationality within the meaning of the 1954 Convention relating to the Status of Stateless Persons? What rights do children of Palestinian origin born in Belgium actually have? Are these children stateless?
   2. Granting of Belgian nationality: Article 10(1) of the Belgian Nationality Code (BNC) provides that children born in Belgium without any other nationality are granted Belgian nationality. However, article 10§3 CNB provides that the child loses/is withdrawn of this nationality if it’s established that he/she possesses another nationality before his/her majority (or emancipation).

For questions relating to the statelessness of children of Palestinian origin, read our NANSEN note in English here – in French here – in Dutch here. This document presents and analyses arguments and sources useful to all those who assist parents of children of Palestinian origin in the context of Article 10 BNC.

For questions relating to the loss/withdrawal of Belgian nationality (art. 10(3) BNC), competence, conditions and procedure, as well as possible avenues of appeal, read the Powerpoint** by lawyer Julien Wolsey (La Jonction) available  in French here.

➡️ The time limit for lodging an appeal would be 15 days (broad interpretation of Art. 7ter BNC). However, a preliminary question could be referred to the Constitutional Court in cases where the appeal is declared inadmissible for failure to comply with the time limit. A suggestion for a preliminary ruling is also available in the Powerpoint**.