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.
41 cases found
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Abdu Abucar Hussein and 7 others v. Attorney General
Date of decision: 18 March 2022
Region/country: Africa / Republic of Uganda
On Question 1 The Court found that the Constitution of the Republic of Uganda, 1995 as amended and the Uganda Citizenship and Immigration Control Act, Cap.66 are clear on who is a citizen and the nature of citizenship. The Court disagreed with the assessment made by the Deputy Passport Control Officer in his circular as the Constitution is very clear as to who a citizen…
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African Centre of Justice and Peace Studies (ACJPS) And People's Legal Aid Centre (PLACE) v Sudan
Date of decision: 04 May 2018
Region/country: Africa / Sudan
The Committee found the Respondent: violated its obligation under Article 3 of the Charter on non-discrimination; violated Article 6(3) and 6(4) of the Charter on the right to nationality and the prevention of statelessness; as a consequence of the above violations, also violated Article 11 of the Charter on the right to education; and did not violate Articles 18(1) and 19(1) of the Charter on…
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Anudo Ochieng Anudo v United Republic of Tanzania
Date of decision: 22 March 2018
Region/country: Africa / Tanzania
The Court noted that the application invoked the violation of three fundamental rights (in addition to other incidental rights): (i) the rights under Article 15 of the Universal Declaration of Human Rights to nationality and not to be arbitrarily deprived of nationality; (ii) the right under Article 13 of the International Covenant on Civil and Political Rights (‘ICCPR’) not to be arbitrarily expelled; and (iii)…
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Case 002/02 Extraordinary Chambers Courts of Cambodia
Date of decision: 22 September 2022
Region/country: Asia / Cambodia
In their 2018 Case 002/02 judgment, the trial judges found both defendants guilty of genocide of the Vietnamese. The conviction was upheld on appeal in 2022. The trial judges approved the project of providing legal and education as reparation measure, stating: ‘The Chamber has determined that Civil Parties affected by the treatment of the Vietnamese suffered harm including psychological trauma, discrimination, material deprivation and, importantly…
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Case of Expelled Dominicans and Haitians v. Dominican Republic
Date of decision: 28 August 2014
Region/country: Americas / Dominican Republic
The Court found that the State had violated the presumed victim’s rights under the Convention, and ordered the State to pay reparations and to take administrative and legislative actions to remediate the presumed victim’s situation and to ensure these violations did not re-occur. Obligation to Prevent Statelessness The Court considered that while States have the power to determine nationality, they must exercise it in accordance…
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Case of the Yean and Bosico Children v. The Dominican Republic
Date of decision: 08 September 2005
Region/country: Americas / Dominican Republic
The Court unanimously rejected the State’s three preliminary objections to the children’s application, and ultimately found that the State had violated several rights under the American Convention. The Court emphasised that nationality is a fundamental human right enshrined in the American Convention and as a political and legal bond that connects a person to a specific State, it allows the individual to acquire and exercise…
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CCH & Anor v Pendaftar Besar bagi Kelahiran dan Kematian, Malaysia
Date of decision: 19 November 2021
Region/country: Asia / Malaysia
The Court held that the child was entitled to citizenship under section 1(a) of Part II (citizenship for those born in Malaysia to a parent who is a citizen or permanent resident) read together with section 19B of Part III (presumptions for abandoned newborns). Section 19B is a ‘supplementary’ provision designed to close gaps when a child's parentage is unknown. The Court interpreted ‘found exposed’…
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Centre for Child Law v Director-General Department of Home Affairs and Others
Date of decision: 22 September 2021
Region/country: Africa / South Africa
The majority of the Constitutional Court of South Africa held that Section 10 of the Act is unconstitutional as it is discriminatory against unmarried fathers on the basis of sex, gender and marital status, and is inconsistent with the best interests of children and their rights to dignity, equality, a name and nationality. The Court found that Section 10 of the Act resulted in a…
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Cour de cassation de Belgique [Court of Cassation of Belgium] No C.19.0197.F
Date of decision: 08 April 2022
Region/country: Europe / Belgium
The Belgian Court of Cassation allowed the appeal. It set aside the judgment of the Liège Court of Appeal of 8 February 2019 and held that the Liège Court of Appeal had violated Article 23 of the Judicial Code by disregarding the authority of res judicata attached to the 2013 judgment that recognised MA as stateless. By stating that MA's recognition as stateless did not…
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DGLR and Another vs. Minister of Home Affairs and Others
Date of decision: 06 September 2016
Region/country: Africa / South Africa
The Department decided to withdraw the appeal and agreed to an order issued by the Supreme Court of Appeal, confirming the original High Court Order. The Supreme Court reaffirmed the need to make regulations in relation to Section 2(2) of the Citizenship Act.
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.