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Date of decision: 22 September 2021
Region/country: Europe / Switzerland
Admissibility The Committee considered that the Applicant had sufficiently substantiated, for the purpose of admissibility, the complaints under Articles 3(1), 6(2), 7, 12, 16, 22, 27, 28, 37 and 39 UNCRC by which: (i) the State has not respected the best interests of the child nor heard the child at the time of the hearing of the asylum request and; (ii) the child runs a…
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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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Date of decision: 19 January 1984
Region/country: Americas / Costa Rica
The Court held: There was no violation of Article 20 (right to nationality) in the proposed amendments (5–1 decision). The preferential treatment based on regional affinity was acceptable(Unanimous) Differentiation between natural-born and naturalized Central Americans/Ibero-Americans is not discriminatory (5–1; Judge Buergenthal dissenting) Language and civic requirements are not discriminatory per se (5–1; Judge Piza dissenting) Gender-specific naturalization through marriage is discriminatory and violates the Convention…
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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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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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Date of decision: 12 October 2018
Region/country: Europe / United Kingdom
The Court determined that a person claiming to be stateless must provide evidence satisfying the standard of balance of probabilities and must apply for nationality as part of that evidence. It did not have to determine whether statelessness was relevant to the revocation of a deportation order because the appellant had not established that he was stateless. In its reasoning, the court held that the…
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Date of decision: 03 July 1992
Region/country: Africa / Botswana
On Standing The Court held that the Respondent had standing to bring her application. This was on the basis of her parental relationship with the affected children, and the resulting impact on the respondent of the alleged discrimination. On the Merits The majority of the Court (Schreiner and Puckrin JJA dissenting) held that Section 4 of the Act was unconstitutional. The Court’s reasoning focused on…
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Date of decision: 11 May 2022
Region/country: Europe / Spain
On the Statelessness of the Child The Court of Appeal upheld the First Instance Court's conclusion that the child was stateless, a finding supported by an interpretation provided by a lead expert of the UNHCR, which was produced as evidence. The Government of Spain did not challenge this conclusion on appeal. Applying the definition under Article 1(1) of the 1954 Convention, the Court found that…
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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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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…