Global Caselaw Database on Statelessness
The Global Caselaw Database on Statelessness was established to strengthen access to jurisprudence on nationality, statelessness, and related human rights issues. It provides a practical resource for lawyers, academics, advocates, and decision-makers, complementing UNHCR and the Open Society Justice Initiative’s ‘Litigating the Right to Nationality: A Guide for Practitioners’ by bringing together decisions from courts and tribunals across different jurisdictions.
The database covers judgments that address statelessness directly, such as where the applicant is stateless or at risk of statelessness.
The Global Caselaw Database on Statelessness is an evolving tool and new cases will be added incrementally.
Want to offer feedback or suggest a case for inclusion in the Database? Contact our team
This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.
55 cases found
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H.P. v Denmark
Date of decision: 19 January 2017
Region/country: Europe / Denmark
Article 8 The Court noted that Article 8 does not guarantee a right to acquire a particular nationality or citizenship, but acknowledged that an arbitrary denial of citizenship could, in certain circumstances, raise an issue under Article 8 due to its impact on private life. ‘Article 8 of the Convention does not guarantee a right to acquire a particular nationality or citizenship. Nevertheless, it cannot…
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Habbal et al v Argentina
Date of decision: 31 August 2022
Region/country: Americas / Argentina
On Resolution 1088 (expulsion and detention orders) The Court first found that the content of Resolution 1088 and the procedure followed for its adoption ‘constituted a breach of the obligations of the State’ (paragraph 80). The Court found the Respondent (1) unlawfully ordered the expulsion of a citizen (Article 22(5)); (2) failed to follow lawful procedures for expelling lawful permanent residents (Article 22(6)); (3) denied…
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IHDRA and Open Society Justice Initiative (on behalf of children of Nubian descent in Kenya) v Kenya
Date of decision: 22 March 2011
Region/country: Africa / Kenya
On Admissibility The Committee reviewed the Communication and found it met all formal requirements: it was not anonymous, was written, concerned a State Party, was respectful, and was based on direct witness evidence, not solely media reports. The main issue was whether local remedies had been exhausted. The Committee emphasised that only remedies that are available, effective, and sufficient must be exhausted, and noted that…
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Janko Rottmann v. Freistaat Bayern
Date of decision: 02 March 2010
Region/country: Europe / Germany
The Court began by clarifying the scope of its review over national measures that affect a person’s possession of EU citizenship. It acknowledged Declaration No 2 and the Edinburgh Decision, which state that nationality is determined solely by national law, however, it held that this did not remove the situation from the scope of EU law. The Court held that while Member States have competence…
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John K. Modise v Botswana
Date of decision: 06 November 2000
Region/country: Africa / Botswana
The Commission held that the Complainant acquired Botswana citizenship on 30 September 1966 by virtue of Section 20(2) of the Constitution of Botswana in force at the time. The Commission held that the denial of this right was in violation of Articles 3(2) and 5 of the Charter, which provides: ’Every individual shall be entitled to equal protection of the law’. Article 5 on the…
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JY v Wiener Landesregierung
Date of decision: 18 January 2022
Region/country: Europe / Austria
Addressing the first question, the CJEU began by recalling the judgments in Rottmann (C-135/08) and Tjebbes and Others (C-221/17). It found that situations in which a national of a Member State relinquishes their nationality and is therefore at risk of losing their EU citizenship fall within the ambit of EU law. Unlike the other cases, however, the contested decision itself did not directly result in…
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Kurić and Others v. Slovenia
Date of decision: 26 June 2012
Region/country: Europe / Slovenia
On Preliminary Objections On victim status, the Grand Chamber held that although Slovenia had acknowledged the breach of the Applicants’ rights and issued residence permits to six Applicants, this did not constitute ‘appropriate’ and ‘sufficient’ redress given the ‘widespread human-rights concern created by the ‘erasure’’ and the consequences for these Applicants over a nearly twenty-year period (paragraph 267). The Grand Chamber added that no compensatory…
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Legal Resources Foundation v Zambia
Date of decision: 23 April 2001
Region/country: Africa / Zambia
The Commission considered the rules as potentially depriving the country of potential resources and leadership and also considered, from an individual point of view, being able to vote but not to stand for office. The Commission also considered that there were a number of Zambian citizens whose parents were not born in the Republic of Zambia. This was because before the breakup of the Central…
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Mazin Adil Ali Deng and Others v. Ministry of Interior and Another
Date of decision: 10 August 2016
Region/country: North Africa / Sudan
The Constitutional Court unanimously ruled in favour of the Applicants (7 judges agreeing). The Court held that Article 7(2) of the 2005 Interim National Constitution clearly states, ‘Every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality.’ The court emphasized that the word ‘or’ provides alternative grounds for nationality. The Court invoked Article 3 of the Constitution…
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Mennesson v France
Date of decision: 26 June 2014
Region/country: Europe / France
The Court agreed with the undisputed fact that the refusal of the French authorities to legally recognise the family ties between the Applicants constitutes an interference with both the family life and private life of the Applicants, which needs to be justified under Article 8(2) ECHR. The Court noted that the expression ‘in accordance with the law’ in Article 8(2) requires some basis in domestic…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.